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CAFC Affirms TTAB Ruling in "ML" Skin Care Products Case

In an enervating but nonetheless precedential decision, the U.S. Court of Appeals for the Federal Circuit affirmed the TTAB's decision in In re Mighty Leaf Tea, Serial No. 76678969 (May 8, 2009) [not precedential]. The Board had found the mark ML (in standard character form) for various personal care products and skin care preparations, likely to cause confusion with the registered mark shown immediately below, for "quite similar" skin care products. In re Mighty Leaf Tea, Appeal No. 2009-1497 (April 13, 2010) [precedential].Appellant argued before the TTAB that "the existence of many similar marks showed the weakness of the registered mark, such that consumers would look to fine distinctions to distinguish the sources of goods." It pointed to the registered marks MLE, MLUXE, M?LIS, JML, and AMLAVI, and pending applications for MLAB, TMLA, FEMLOGIC, and SIMLINE, all for personal care or skin care products...continue to full post

Full post as published by The TTABlog on April 14, 2010 (boomark / email).