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TTAB Reverses 2(d) Refusal, Finds "PANTECH BREEZE" and "BREEZE ACCESS" Too Different for Wireless Products

It took the TTAB just over seven pages to reverse a Section 2(d) refusal of the mark PANTECH BREEZE for "wireless telephone transmitters and receivers for use other than broadband wireless access." The Examining Attorney had found the mark likely to cause confusion with the registered mark BREEZE ACCESS for equipment and accessories for broadband wireless access. Although Applicant's "carve-out" of broadband wireless goods was ineffective, the marks were just too different to support the refusal. In re Pantech Co., Ltd. Serial No. 77501046 [not precedential].The Examining Attorney submitted a "large number" of use-based third-party registrations that indicated that "entities have registered their marks for goods of the type listed in applicant's application and for goods of the type list in the cited registration...continue to full post

Full post as published by The TTABlog on May 04, 2010 (boomark / email).