TTAB Issues Ruling in Apparel Mark Dispute

The Trademark Trial and Appeal Board has denied an application to register a mark for apparel items after finding a likelihood of confusion with a prior registration owned by a competing brand. The decision focused on the similarity of the marks and the relatedness of the goods in the clothing sector.

Examiners and the Board considered evidence of marketplace overlap and consumer perception in reaching the conclusion that registration would not be appropriate. The applicant may appeal the decision to the Federal Circuit.

This ruling adds to recent TTAB precedents examining confusion factors in fashion and consumer goods categories.

Sources: https://ttab-reading-room.uspto.gov/efoia/efoia-ui/ https://www.uspto.gov/trademarks/ttab