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WYHA? TTAB Finds "WOW PRINTABLE COUPONS" Confusingly Similar to "WOW! MARKETING"

Applicant Elena Potoupa sought to register the mark WOW PRINTABLE COUPONS for promotional services featuring online downloadable coupons ["PRINTABLE COUPONS" disclaimed], but Examining Attorney Marcie R. Frum Milone refused registration under Section 2(d) in view of the registered mark WOW! MARKETING for advertising and marketing services and for dissemination of advertising online. Potoupa appealed. Would You Have Appealed? In re Elena Potoupa, Serial No. 78770813 (August 6, 2009) [not precedential].The Board agreed with the Examining Attorney that the services involved are "essentially the same." Potoupa argued that she could find no use of Registrant's mark on the Internet and thus there could be no confusion, but the Board pointed out that this allegation is in essence an impermissible collateral attack on cited registrations...continue to full post

Full post as published by The TTABlog on August 20, 2009 (boomark / email).