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WYHA? TTAB Affirms 2(d) Refusal of "RIPPLE KIDS & Design" Over "RIPPLE & Design," Both for Stationery

In a terse ten-page decision, the Board affirmed a Section 2(d) refusal to register the mark RIPPLE KIDS in standard character and design form (below left) [KIDS disclaimed], finding the marks likely to cause confusion with the registered mark RIPPLE & Design shown below right, all for stationery products. Would you have appealed? In re Ripple Kids Inc., Serial No. 77492885 and 77493208 (July 14, 2010) [not precedential].The Board found some of the respective goods of the parties to be legally identical, and therefore it presumed that the goods travel in the same channels of trade to the same classes of consumers.As to the marks, the Board not surprisingly deemed RIPPLE to be the dominant part of Applicant's marks. The depiction of ripples reinforces this dominance in the design mark...continue to full post

Full post as published by The TTABlog on July 29, 2010 (boomark / email).