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Re-Test Your TTAB Judge-Ability: Can You Handle Another Nut Case?

Here we go again! Another chance to prove that you are TTAB judicial material. Applicant Sunland, Inc., sought to register the mark SUNLAND for processed nuts and nut butters, raw nuts, peanut butter, and raw peanuts. The Examining Attorney refused registration under Section 2(d), finding a likelihood of confusion with the registered mark SUN-LAND for "raisins, dried fruits, preserved fruits." Applicant argued on appeal that "[a] purchaser of raisins and dried fruits at a store knows fruits from nuts." How would you rule? In re Sunland, Inc., Serial Nos. 77310231 and 77307289 (August 7, 2009) [not precedential].Of course, the two block-letter marks are "virtually identical." Sunland's assertion that Registrant uses its mark in an "inconspicuous manner on its packaging" was inappropriate, since Registrant's rights in its mark cannot be restricted based on applicant's assertions as to how the mark is used, nor can the marks at issue be distinguished based on how Applicant uses its mark...continue to full post

Full post as published by The TTABlog on August 19, 2009 (boomark / email).