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TTAB Reverses 2(d) Refusal, Sophistication of Purchasers a Key Factor

Despite the near identity of the marks, the Board reversed Section 2(d) refusals to register V-TEC (in standard character and stylized form) for "custom wheels for vehicles," finding the mark not likely to cause confusion with the registered mark VTEC for vehicles and engines. The care with which consumers purchase custom wheels, vehicles, and engines was a major factor in the Board's determination. In re Vision Wheel, Inc., Serial Nos. 77498758 and 77498755 (July 28, 2010) [not precedential].The marks: Not surprisingly, the Board found the marks to be "very similar in sound, appearance, and commercial impression." As to connotation, Applicant Vision Wheel argued that the mark in the registration is always used with certain house marks of Honda (the registrant) to refer to certain engine technology, but the Board pointed out that it must consider the involved marks as they appear on the drawing pages, and in that view the marks have "no particular connotation distinct from each other...continue to full post

Full post as published by The TTABlog on August 13, 2010 (boomark / email).