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TTAB Reverses 2(d) Refusal, Finds "CLIMAX" and "JELLY CLIMAX MAXIMIZER" Not Confusingly Similar for Vibrators

Despite overlapping goods purchased by the same ordinary consumers and moving through the same presumed channels of trade, the Board reversed a refusal to register the mark CLIMAX for adult sexual aids, finding it not likely to cause confusion with the registered mark JELLY CLIMAX MAXIMIZER & Design for vibrators [JELLY CLIMAX disclaimed]. In re Vast Resources, Inc., dba Topco Sales, Serial No. 78692514 (July 31, 2008) [not precedential]The Examining Attorney focused on the size of the word CLIMAX in the registered mark, while the Applicant pointed to the disclaimer of "JELLY CLIMAX." Apparently concluding that size doesn't matter in this context, the Board found the term MAXIMIZER to be the dominant portion of the registered mark.The sound of the marks is, of course, "quite dissimilar...continue to full post

Full post as published by The TTABlog on August 06, 2008 (boomark / email).