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Rejecting Broad Interpretation of Cited Registration, TTAB Reverses 2(d) Refusal of "RED BOX DIVERSITY SYSTEM"

The Board reversed a refusal to register the mark RED BOX DIVERSITY SYSTEM in the design form shown below [DIVERSITY SYSTEM disclaimed], for "education services, namely, providing training, by way of classes, seminars, conferences and workshops in the field of cultural diversity, community education and human relations." The Examining Attorney had deemed the mark confusingly similar to the registered mark RED BOX for "books, pamphlets, brochures and journals relating to financial, legal, corporate and other business related topics," but the Board found the involved goods and services not to be related. In re Beyond Diversity Resource Center, Inc., Serial No. 77722602 (August 19, 2010) [not precedential].Not surprisingly, the Board promptly found the marks to be similar, since the words RED BOX constitute the dominant portion of Applicant's mark...continue to full post

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