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"SEXY 'N SASSY" Confusingly Similar to "SEXY HAIR" for Hair Care Products, Says TTAB, Unconvincingly

In a less than convincing decision, the Board found that a "non-de minimums" [sic!] number of consumers would likely be confused, and so it sustained a Section 2(d) opposition to registration of the the mark SEXY N' SASSY in view of the registered mark SEXY HAIR [HAIR disclaimed], both for for various hair care products. Sexy Hair Concepts, LLC v. Perfect Plus, Inc., Opposition No. 91170863 (July 3, 2008) [not precedential].Because the goods were in part identical, the Board assumed that the channels of trade and purchasers are also identical. Of course, when the goods are identical, a lesser degree of similarity in the marks is necessary to support a finding of likely confusion.As to the marks, the Board acutely observed that both marks begin with the same word SEXY, "a factor that supports a conclusion that confusion is likely here...continue to full post

Full post as published by The TTABlog on July 30, 2008 (boomark / email).