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Prepositional Difference in Marks Not Enough to Avoid 2(d) Refusal, Says TTAB

The Board affirmed a Section 2(d) refusal to register the mark FOR EVERY WALK OF LIFE THERE IS ALWAYS ONE for various clothing items, finding it likely to cause confusion with the registered mark FOR EVERY WALK IN LIFE for some of the same clothing items. Applicant Nine Dots argued that the "OF" in its mark yields a different meaning that the "IN" in the cited mark, but the Board disagreed. In re Nine Dots LLC, Serial No. 77377797 (June 26, 2009) [not precedential].The crucial issue was, of course, the similarity of the marks. Applicant argued that the marks have different connotations:The cited mark is a clever play on the products which may be used "for every walk in life." Each time one walks and dons shoes the registrant?s products will be used...continue to full post

Full post as published by The TTABlog on July 22, 2009 (boomark / email).