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TTAB Reverses 2(d) Refusal of "LEG BALANCE" for Athletic Apparel Over "FOOT BALANCE" for Leather Footwear

Balancing the du Pont factors like a legal hacky-sack, the Board reversed a refusal to register the mark LEG BALANCE for "athletic apparel, namely, shirts, singlets, jackets, shorts, tights, running suits, bras, briefs and socks" [LEG disclaimed], finding the mark not likely to cause confusion with the registered mark FOOT BALANCE for "leather boots and shoes." The weakness of the word "Balance" as a formative was a major factor in the Board's du Pont analysis. In re ASICS Corporation, Serial No. 77493747 (July 23, 2010) [not precedential].The goods: The key question regarding the relatedness of the goods was whether athletic shoes are made of leather. The Examining Attorney submitted website evidence that clearly established that athletic shoes and athletic apparel are closely related, but how related are leather shoes? [Aren't baseball cleats made of leather? Soccer shoes? - ed...continue to full post

Full post as published by The TTABlog on August 02, 2010 (boomark / email).