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TTABlog Test: Is "MF MIRANDA FRYE & Design" Confusable with "FRYE" for Jewelry?

The USPTO refused to register the word-plus-design mark shown below, for jewelry, on the ground of likelihood of confusion with the registered mark FRYE, also for jewelry. Since the goods overlap, the Board must presume that the channels of trade and classes of consumers for those goods are the same. But what about the marks? How do you think this came out? In re Miranda Frye Inc., Serial No. 88347449 (September 10, 2020) [not precedential] (Opinion by Judge Thomas W. Shaw).The Board noted that the cited mark is in standard characters and could be displayed in a style similar to that of applicant. Nothing in the record suggested that FRYE has any significance other than as a surname.[A] surname preceded by a given name or initials is a common, highly conventional combination of word elements, and the name MIRANDA FRYE could well be interpreted as a more specific reference to a person or company that is otherwise identified by the surname FRYE...continue to full post

Full post as published by The TTABlog on September 16, 2020 (boomark / email).