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Precedential No. 34: Applicant's Cancelled Registration for Identical Mark No Help, TTAB Affirms 2(d) Refusal of "DAVEY" for Water Pumps

In a lengthy, comprehensive, and perhaps record-breaking du Pont analysis, the Board affirmed a Section 2(d) refusal to register the mark DAVEY for "electric motors for machines; waterpumps with fluid flow or pressure control for domestic, industrial and commercial use; and parts and fittings therefor." It found the mark likely to cause confusion with the identical mark registered for "air compressors and parts therefor." Usually, everyone is completely exhausted by the time the seventh or eighth du Pont factor is reached, but the Board rumbled on through factors eleven, twelve, and thirteen, and the last one turned out to be perhaps the most interesting. In re Davey Products Pty Ltd., Serial No. 77029776 (August 7, 2009) [precedential].This post will not regurgitate all the details of the Board's analysis regarding the single digit factors...continue to full post

Full post as published by The TTABlog on August 14, 2009 (boomark / email).