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TTAB Affirms 2(d) Refusal of "PROTIVA" for Smart Cards over "PROTEVA" for Computers

Because "computers" is "an extremely broad term encompassing a wide range of devices which could be sold to a wide range of potential purchasers," the Board sustained a Section 2(d) opposition to registration of the mark PROTIVA for "multi-factor authentication apparatus for logical access consisting primarily of encoded smart cards, digitally encoded tokens, and authentication software." Despite the sophistication of Applicant's purchasers, the Board found Applicant's mark likely to cause confusion with the registered mark PROTEVA for "electrical and scientific apparatus, specifically computers." In re AXALTO S.A., Serial No. 78724979 (August 14, 2008) [not precedential].The Board, not surprisingly, found the marks "highly similar." As to the goods, Applicant argued that its products are "marketed toward and purchased by highly sophisticated customers," whereas registrants computers "are marketed towards the general public...continue to full post

Full post as published by The TTABlog on August 28, 2008 (boomark / email).