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Lacking Proof that Cosmetics and Medicated Lotions Are Related, TTAB Tosses Out 2(d) Refusal of "REVIVE WITH THI"

Reversing a Section 2(d) refusal, the Board found the mark REVIVE WITH 'THI' for "medicated lotions for hand, body and foot" not likely to cause confusion with the registered mark THI2 and the mark THI in the Stylized form shown to the right, for "adhesives for affixing false eyelashes; cosmetics; false eyelashes." The PTO failed to provide any evidence that the involved goods are related, and the Board was unable to draw "any such conclusion based only on the language of the respective identifications of goods." In re Daniel T. Phuoc, Serial No. 77356068 (April 29, 2009) [not precedential].Applicant Phuoc contended that the phrase "revive with ..." sufficiently distinguishes the marks, asserting that "revive" is emphasized because it is the first word in his mark and because it "suggests that the product heals and restores something that is damaged, unlike the impression of the registered mark...continue to full post

Full post as published by The TTABlog on May 15, 2009 (boomark / email).