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Test Your TTAB Judge-Ability: Are "ISLAND TROPICAL" and "TROPICAL ISLAND BLAST" Confusingly Similar For Fruit-Based Snack Food?

Applicant sought to register the mark ISLAND TROPICAL for "fruit-based snack food; snack mix consisting primarily of processed fruits, processed nuts and/or raisins." Examining Attorney Kevon L. Chisolm refused registration under Section 2(d), finding the mark likely to cause confusion with the registered mark TROPICAL ISLAND BLAST for "fruit based snack food, namely, dried fruit mix." What's your decision? In re Torn & Glasser, Inc., Serial No. 78967139 (October 20, 2010) [not precedential].The Board, not surprisingly, found the goods to be in part legally identical. Applicant fruitlessly argued that the actual goods of the parties are different, because Applicant sells its product in bulk while Registrant sells to individual consumers...continue to full post

Full post as published by The TTABlog on November 02, 2010 (boomark / email).