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Baja Humbug? Affirming 2(d) Refusal, TTAB Finds Confusion Likely Between "BAJA" for Camping Trailers and Automobiles

Applicant Jayco, Inc. will have a bluer Christmas after the TTAB affirmed a Section 2(d) refusal of the mark BAJA for "recreational vehicles, namely, folding camping trailers," finding it likely to cause confusion with the identical mark registered for "automobiles and structural parts therefore [sic!]." The Board made a list of the relevant du Pont factors [not sure if it checked it twice - ed.], and concluded that even if the purchasers of these products exercise a "high degree of care," the other factors outweigh that one. In re Jayco, Inc., Serial No. 77619590 (December 2, 2010) [not precedential].Examining Attorney Benji Paradewelai delivered a sackful of third-party registrations identifying both folding camping trailers and automobiles, as well as website pages showing that Volkswagen sells both, and other website pages where both automobiles and trailers are offered at retail...continue to full post

Full post as published by The TTABlog on December 22, 2010 (boomark / email).