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TTAB Sustains 2(d) Opposition, finding "SWEDISH LUXURY" and "SWEDISH SLEEP SYSTEM" Confusingly Similar for Mattresses

Deeming Opposer's mark to be "strong and entitled to a broad scope of protection," the Board sustained this Section 2(d) opposition to registration of the mark SWEDISH LUXURY for, inter alia, mattresses and related retail store services [SWEDISH disclaimed], finding it confusingly similar to the registered mark SWEDISH SLEEP SYSTEM for "mattresses, cushions and pillows made of elastic viscous foam" [SLEEP SYSTEM disclaimed]. However, the Board threw out Opposer's claim under Section 2(e)(3), finding that the opposed mark is not primarily geographically deceptively misdescriptive in light of the lack of proof that consumers believe that "Sweden" indicates the origin of the mattresses. Tempur-Pedic International Inc., et al. v. Denver Mattress Co...continue to full post

Full post as published by The TTABlog on February 19, 2010 (boomark / email).