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Finding Dissimilarity of "BIOMARINE" and "BIOMARIS" Marks Dispositive, TTAB Dismisses 2(d) Opposition

Despite overlapping goods and presumably identical trade channels, the Board dismissed a Section 2(d) opposition to registration of the mark BIOMARINE & Design for non-medicated skin care preparations, finding it not likely to cause confusion with the registered mark BIOMARIS for sking cleansing creams and related products. In a mere eight pages, the Board ruled that the marks are just too dissimilar to support Opposer's Section 2(d) claim. Walter Brachmann Gmbh & Co. KG v. Pro-Life Importacao E Exportacao LTDA, Opposition No. 91177890 (January 6, 2009) [not precedential].Opposer chalked up a cosmetic victory in a skirmish involving its submission of a European Community Decision of the Office for Harmonization in the Internal Market...continue to full post

Full post as published by The TTABlog on January 22, 2009 (boomark / email).