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Precedential No. 20: TTAB Sustains ?PALOMA? 2(d) Opposition to ?PALOMITA? for Clothing, But Dismisses Claim for Fraudulent Misuse of ® SYMBOL

Faced with two Spanish-word marks, the Board declined to apply the doctrine of foreign equivalents, instead concluding that ?where both marks are Spanish words we must consider the connotation of the marks to both non-Spanish-speaking consumers and to Spanish-speaking consumers.? It proceeded to sustain Brown Shoe?s Section 2(d) opposition to registration of the mark PALOMITA for ?shirts, pants, shoes, and hats,? finding it likely to cause confusion with the mark PALOMA, registered in standard characters and in the design form shown here, for various clothing and footwear items. However, the Board dismissed Opposer?s claim that Applicant Robbins had fraudulently misused the ® registration symbol. Brown Shoe Company, Inc. v. Molly D. Robbins, Opposition No...continue to full post

Full post as published by The TTABlog on May 21, 2009 (boomark / email).