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WYHA? TTAB Affirms 2(d) Refusal of "USWEAR" for Boys Clothing Over "US WEAR" for Adult's Clothing

Would you have appealed this Section 2(d) refusal to register the mark USWEAR for "clothing for adults, namely, jackets and sweaters, not including boys and girls sportswear?" Examining Attorney Amy Alfieri maintained that the mark is confusingly similar to the registered mark US WEAR for "clothing, namely boys and girls sportswear, namely, pants, jumpers, overalls, coveralls and woven and knit shirts and skirts." In re USCANTEEN, INC., Serial No. 76692826 (April 7, 2010) [not precedential].The Board needed only five pages to affirm the refusal [equaling Applicant's three-page appeal brief and two-page reply brief]. The identity of the marks weighed heavily in favor of the refusal. As to the goods, Applicant attempted to "make hay" out of the exclusionary language in its identification of goods, but the Board was not persuaded...continue to full post

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