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

Of course they are, right? Not so fast there, buddy! It took the Board 67 pages to explain why it affirmed the Section 2(d) refusal of the mark on the right, for business software and computer programming services, in view of the registered mark shown on the left, for accounting software and computer services. Applicant Qliktech fired one argument after another, but none hit the target. In re Qliktech International AB, Serial No. 79054312 (September 20, 2010) [not precedential].The Marks: The Board found the differences in the marks to be "too slight to distinguish the mark in terms of overall appearance." Qliktech that its mark would be recognized as "iQ" for various reasons, none of which the Board bought. Applicant also cited several third-party registrations, but the Board found them of no probative value...continue to full post

Full post as published by The TTABlog on September 23, 2010 (boomark / email).