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WYHA? ALLENS NATURALLY Refused Registration over ALEN AMERICAS for Cleaning Preparations

This applicant sought registration of the mark ALLENS NATURALLY for, inter alia, all-purpose cleaners, but Examining Attorney Sara N. Benjamin refused registration under Section 2(d) in view of six registrations for marks including the word ALEN for various cleaning preparations. The Board focused on the cited registration for ALEN AMERICAS for "all purpose liquid cleaning preparations" [AMERICAS disclaimed]. Would you have appealed? In re Almar Enterprises Ltd., Serial No. 77650559 (February 25, 2011) [not precedential].The Board found the goods to be, in part, identical, and the channels of trade to be the same. These factors weighed heavily in favor of a finding of likely confusion.The Board deemed ALEN to be the dominant portion of the registered mark, and ALLENS to be dominant in Applicant's mark...continue to full post

Full post as published by The TTABlog on March 18, 2011 (boomark / email).