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TTAB Finds "BOYD'S" and "BOYDS" Confusingly Similar for Clothing, Despite Applicant's Attempt to Limit Its Trade Channels

Continuing our WYHA? (Would you have appealed?) series of decisions, here's another one to consider for inclusion. The Board affirmed a Section 2(d) refusal to register the mark BOYD'S for various items of wearing apparel "offered and sold through authorized dealers," finding the mark likely to cause confusion with the registered mark BOYDS for men's and women's clothing and for related retail services. In re Boyd Coddington?s Hot Rods & Collectibles, Inc., Serial No. 78913114 (August 28, 2008) [not precedential].There wasn't much room for disagreement about the similarity of the marks; that factor weighed "heavily" in favor of a likelihood of confusion finding. Likewise, the "similarity and nature of the goods and services" favored such a finding...continue to full post

Full post as published by The TTABlog on September 09, 2008 (boomark / email).