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TTAB Affirms 2(d) Refusal Despite Sophistication of Customers for Computer Software and Services

Although the relevant consumers of the involved products and services may exercise a high degree of care, the Board nonetheless affirmed a Section 2(d) refusal to register the mark shown below left, for various computer related services, finding it likely to cause confusion with the registered mark shown below right, for computer design and development services and for software. In re Dynamic Edge, Inc., Serial No. 78760920 (June 5, 2008) [not precedential].Applicant's recitation of services was identical in part to the services in one cited registration, and its services were complementary to the software identified in the other registration. The Board not surprisingly found that the services, being identical, would move in the same channels of trade to the same classes of customers...continue to full post

Full post as published by The TTABlog on June 17, 2008 (boomark / email).