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"INVENT! INVENT! INVENT! PATENT IT! Confusingly Similar to "PATENT IT!," Says TTAB

Palmer Patent Consultants perhaps needed a trademark consultant in connection with its attempt to register the mark INVENT! INVENT! INVENT! PATENT IT! for "intellectual property consultation" [PATENT disclaimed]. The Board affirmed a Section 2(d) refusal, finding the mark likely to cause confusion with the registered mark PATENT IT! for "legal services." In re Palmer Patent Consultants, LLC, Serial No. 76673151 (October 7, 2010).What's the invention here?The Board began by determining that the services of the parties are identical, since "[i]ntellectual property is a field of law and consultation in this field includes the rendering of legal services." The channels of trade are therefore presumed to be identical.Applicant urged that the purchasers of the services are sophisticated, but the Board pointed out that this class of consumers is likely to included not only scientists and engineers but also artists and individuals...continue to full post

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