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Finding "BELL'S & Design" and "OLA BELL'S" Confusingly Similar for Stuffing, TTAB Affirms 2(d) Refusal

The near identity of the involved goods was the critical factor in the Board's affirmance of a Section 2(d) refusal to register the mark OLA BELL'S for "croutons, stuffing consisting of bread; shred which is a form of bread stuffing; dried bread, batters; spices, namely blends for croutons and stuffing." The Board agreed with PTO Examining Attorney Colleen Dombrow that the mark is likely to cause confusion with the registered mark BELL'S & Design (shown immediately below) for "dry ready-mixed stuffing for poultry; a mix containing bread crumbs, flour and seasoning for making a meatloaf, chicken flavor stuffing mix." In re QC Properties Company, LLC, Serial No. 7702036 (August 5, 2008) [not precedential].The Board first found the goods of the parties, although not described identically, to be "highly related, if not identical...continue to full post

Full post as published by The TTABlog on August 27, 2008 (boomark / email).