Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

Test Your TTAB Judge-Ability: Are the Marks "FIRESIDE GLOW" and "FIRESIDE WARMTH" Confusingly Similar for Air Fresheners?

In this appeal from a Section 2(d) refusal, the Board found applicant's goods (air fresheners and deodorizers) to be partly identical to goods of the cited registration (air fresheners and deodorizers). There were no restrictions on the channels of trade, and so the Board deemed them identical. It then came down to the marks: is Applicant's mark FIRESIDE GLOW ["FIRESIDE" disclaimed] likely to cause confusion with the registered mark FIRESIDE WARMTH? What do you think? In re Pure & Natural Company, Serial No. 77153360 (August 30, 2010) [not precedential].Applicant vigorously attacked the cited registration, which was registered under Section 44, first arguing that it should be accorded a narrower scope of protection than a use-based registration in the context of Section 2(d)...continue to full post

Full post as published by The TTABlog on September 14, 2010 (boomark / email).