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Precedential No. 7: ZU ELEMENTS Not Confusingly Similar to ELEMENT for Overlapping Goods, Says TTAB

Third-party registrations and website evidence helped convince the Board that the term ZU in Applicant's mark ZU ELEMENTS in the stylized form below, would suffice to distinguish the mark over the registered mark ELEMENT for overlapping clothing items and bags. The Board found this case "akin to" Knight Textile Corp. v. Jones Investment Co., 75 USPQ2d 1313 (TTAB 2005), where the the mark NORTON MCNAUGHTON ESSENTIALS was deemed registrable over ESSENTIALS for identical clothing items, since the shared term was ?highly suggestive as applied to the parties' [clothing].? Rocket Trademarks Pty Ltd. v. Phard S.p.A., Opposition No. 91172486 (February 25, 2011) [precedential].Applicant submitted numbers third-party registrations and some evidence of third-party use of marks incorporating the word "elements" for clothing...continue to full post

Full post as published by The TTABlog on March 07, 2011 (boomark / email).