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TTAB Finds "GOLF SPORT" and "GOLFINO," both with Golfer Designs and both for Clothing, Confusingly Similar

The Board sustained a Section 2(d) opposition to registration of the mark GOLF SPORT & Design (shown below left) for various clothing items [GOLF disclaimed], finding it likely to cause confusion with the mark GOLFINO & Design (below right), both marks for various clothing items. Before you scoff at the ruling, however, you should know that pro se Applicant Gady Desler admitted (by failing to respond to Opposer's admission requests) that "Applicant?s Mark is virtually identical to Opposer?s Marks in sound, appearance, and meaning." Golfino AG v. Gady Desler, Opposition No. 91183317 (July 12, 2010) [not precedential].The Board also found that "the design of the golfer in each mark is similar and that the design in applicant?s mark predominates over the descriptive wording GOLF SPORT...continue to full post

Full post as published by The TTABlog on July 27, 2010 (boomark / email).