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WYHA? TTAB Affirms Refusal Of "LUVD G & Design" over "THE LOVED DOG" for Clothing

Pro se Applicant Cheryl Lynn Ingberg lost her appeal from a refusal to register the mark LUVD G & Design (shown below) for various human clothing items. The Board found her mark likely to cause confusion with the registered mark THE LOVED DOG for overlapping human clothing items. If it were up to you, would you have appealed? In re Ingberg, Serial No. 776633 (January 31, 2011) [not precedential].Since the goods in the application and cited registration are in part identical, the Board must presume that they travel in the same channels of trade to the same classes of customers. This factor weighed heavily against Applicant Ingberg.Moreover, the greater the similarity in the goods, the lesser the degree of similarity in the marks necessary to support a Section 2(d) refusal...continue to full post

Full post as published by The TTABlog on February 24, 2011 (boomark / email).