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Finding Clothing and Jewelry Related, TTAB Affirms 2(d) Refusal of "TIANA"

Daffy Duck, meet Mucky Duck. The Board affirmed an opposition to Disney's application to register the mark TIANA for various clothing items, finding the mark likely to cause confusion with the identical mark registered for "jewelry, diamonds." The third-party registration evidence "overwhelmingly" favored Examining Attorney Stephen Aquila's position regarding the relatedness of women?s dresses, shirts, skirts and sweaters, on the one hand, and jewelry, on the other hand. In re Disney Enterprises, Inc., Serial No. 77235868 (August 12, 2009) [not precedential].Princess TianaOf course the fact that Disney's and Registrant's marks are identical "weighs heavily against the applicant." When the marks are identical, "it is only necessary that there be a viable relationship between the goods in order to support a likelihood of confusion...continue to full post

Full post as published by The TTABlog on August 25, 2009 (boomark / email).