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TTAB Affirms 2(d) Refusal of "MARSHLAND" Over "MARSHLANDER," Finding Camouflage Fabric and Raingear Related

The Board affirmed a Section 2(d) refusal to register the mark MARSHLAND for camouflage fabric "sold as an integral component of finished clothing items," finding the mark likely to cause confusion with the registered mark MARSHLANDER, in standard character and design form, for raingear. In re NTA Enterprise, Inc., Serial No. 77575867 (August 6, 2010) [not precedential].The Marks: Not surprisingly, the Board found the marks to be similar. The "ER" suffix is not sufficient to differential the marks, and the design element of Registrant's mark merely reinforces the "impression of [a] person from a marshy or swampy region (i.e., a marshlander)."Applicant pointed to six third-party registrations for marks that include the word "MARSH" for clothing items, but there was no evidence that the marks "are actually being used, much less that the extent of such third-party use is so great that consumers have become accustomed to seeing the various marks and, therefore, have learned to distinguish them...continue to full post

Full post as published by The TTABlog on August 31, 2010 (boomark / email).