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Intellectual Property Law

: The TTABlog

TTABlog Test: Is MASTER RANCHER Confusable With RANCHMASTER for Footwear?

The USPTO refused to register MASTER RANCHER, finding a likelihood of confusion with the registered mark RANCHMASTER, both for footwear. Applicant True Value argued that the meaning and commercial impressions of RANCHMASTER and MASTER RANCHER are distinct, making confusion therefore unlikely, that "MASTER" is a house mark, has a family of MASTER marks, and that its prior registration of MASTER RANCHER for gloves should pave the way to registration. How do you think this came out? In re True Value Company, L.L.C., Serial No. 88335947 (October 2, 2020) [not precedential] (Opinion by Judge Melanye K. Johnson).The Board found the marks to be "highly similar." The transposition of the words does not create and new meaning. Applicant uses one of the alternate definitions of ?master???a man in charge of [a particular ranch]??to argue that the meaning and commercial impressions of RANCHMASTER and MASTER RANCHER are distinct...continue to full post

Full post as published by The TTABlog on October 13, 2020 (boomark / email).

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