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Test Your TTAB Judge-Ability: Are These Two "CEMENTO & Design" Marks Confusingly Similar for Clothing?

Applicant Mario Dimiccoli sought to register the mark shown on the left, for various clothing items. The mark was refused registration under Section 2(d) in view of the registered mark shown on the right, for overlapping clothing items. Dimiccoli appealed. Would you affirm or reverse? In re Dimiccoli, Serial No. 79059011 (September 24, 2010) [not precedential].The Board first considered the question of "whether the doctrine of foreign equivalents is applicable."In this case, it is inappropriate and unnecessary to invoke the doctrine of foreign equivalents. Both marks consist of wording in English and Italian. However, the foreign wording in each mark is unlikely to be translated. Moreover, even if the foreign wording is translated, "the identical portions of the two marks is CEMENTO, which means 'cement' in Italian and looks very much like the English word 'cement...continue to full post

Full post as published by The TTABlog on September 30, 2010 (boomark / email).