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Test Your TTAB Judge-Ability: Are These Two Marks Confusingly Similar?

Okay, all you judicial wannabes out there. How would you decide this one? Applicant sought to register the mark ICE AGE FULL LIP SERVICE LIP PLUMPER for "non-medicated lip preparations" [LIP PLUMPER disclaimed]. Registration was refused under Section 2(d) in view of the registered mark LIP SERVICE for "non-medicated lip balms" [LIP disclaimed]. It's your call. In re Flageoli, Ltd., Serial No. 78969164 (June 4, 2010) [not precedential].The goods: The Board found that Registrant's goods are encompassed by Applicant's identification of goods. Applicant argued that its mark "will be used to identify a 'lip plumper' used to make lips appear larger and more attractive while the cited registration is for lip balms used to relieve the discomfort of chapped lips...continue to full post

Full post as published by The TTABlog on June 18, 2010 (boomark / email).