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Test Your TTAB Judge-Ability: Do You Have a Beef with This Section 2(d) Decision?

Applicant Ridgefield Farm sought to register the logo mark shown below, for beef [BEEF and REAL BEEF disclaimed]. The Examining Attorney refused registration in light of the registered mark RAISED RIGHT for "poultry, meat and game." Of course, the goods are considered legally identical, and the Board then presumed that they travel in the same, normal channels of trade to the same classes of consumers. But what about the marks? Are they confusingly similar? Remember that when the goods are identical, a lesser degree of similarity is necessary to support a finding of likely confusion. In re Ridgefield Farm LLC, Serial No. 77758560 (February 25, 2011) [not precedential]The Board pointed out that the test is not whether the marks can be distinguished in a side-by-side comparison...continue to full post

Full post as published by The TTABlog on March 17, 2011 (boomark / email).