TTAB Finds Two ‘MAGIC CITY’ Logos Confused With Overlapping Clothes – Trademark | Popgen Tech
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The Board affirmed one other Part 2(d) rejection, discovering that the mark proven first beneath for “clothes, specifically, shirts, hats, sweatshirts, shorts, and sweatpants” is more likely to trigger confusion with the registered mark proven second beneath , for “quick ; sports activities caps and hats; sports activities shirts; t-shirts. The merchandise overlap, so the Board should assume that these merchandise journey by way of the identical commerce channels to the identical courses of shoppers, who usually are not essentially subtle consumers. What about grades? West Flagler Associates, Ltd.Serial # 87921527 (December 16, 2022) [not precedential] (Opinion of Justice Robert H. Coggins).
In its response, the applicant proposed to amend the identification of the products so as to add the phrases “all in reference to a on line casino, Jai Alai Stadium and a live performance venue in Miami, Florida.” The Board noticed that the request was premature and in any case the potential of confusion couldn’t be averted.
The fee acknowledged the indicators as comparable in look as a result of the phrases “MAGIC CITY” seem on their largest half. The board additionally discovered that the design components of the mark “usually are not as important because the literal components of the marks.”
The applicant argued that the marks had totally different connotations: that their “palm design conveys a tropical location, indicating the business context during which the applicantmakes use of his signal. . . in Miami, Florida,” whereas “Registered [m]the ark features a design of a silhouette of a unadorned lady, which is suggestive of his . . . strip membership in Atlanta, Georgia.” [I must be getting old because I didn’t
see that in registered mark. – ed.]. The board didn’t transfer.
We agree that the palm and silhouette components of the marks are totally different, however that distinction isn’t outweighed by the bigger and dominant literal MAGIC CITY ingredient of the respective marks. Because of this, and particularly due to the dominant MAGIC CITY ingredient of every mark, the marks convey primarily the identical values and create an identical business impression.
The applicant famous that the marks had coexisted since 2009 with out precise confusion. The Board, nevertheless, famous a scarcity of proof as to the extent of use of the cited mark. Furthermore, for the reason that petitioner is positioned in Miami and registered in Atlanta, there shall be no geographic overlap and virtually no alternative for precise confusion. As well as, the registrar has no alternative to current proof on this course of, the declare of the applicant in regards to the absence of factual confusion isn’t entitled to weight.
Beneath the thirteenth DuPont issue, the Applicant pointed to its possession of six MAGIC CITY mark registrations, referring to
Strategic companions precedent. The Board, nevertheless, famous that the beforehand registered marks didn’t match the proposed mark; in reality, the proposed mark is nearer to the quoted mark than the earlier marks.
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