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TTAB Affirms 2(d) Refusal of "CINDERELLA" for Peanut Butter over Disney Registration for Related Goods

This applicant's attempt to register the mark CINDERELLA (shown immediately below) for "peanut butter" had a grim ending. The mark had been in use since 1895, according to Applicant, and was registered until 2001, but unfortunately the registration was allowed to lapsed by Applicant's predecessor. When American Blanching applied for a new registration, the PTO refused on Section 2(d) grounds, finding the mark likely to cause confusion with the registered mark WALT DISNEY'S CINDERELLA & Design (shown further below) for various food products, including candy, chocolate, cookies, pretzels, and bread. The TTAB affirmed. In re American Blanching Co., Serial No. 76443653 (July 10, 2008) [not precedential].The Board found that the registered mark is dominated by the term CINDERELLA, because it is in larger type than the term WALT DISNEY'S and the pictorial depiction (which itself reinforces the CINDERELLA portion]...continue to full post

Full post as published by The TTABlog on July 31, 2008 (boomark / email).