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Finding Bricks Related to Mortar and Grout, TTAB Sustains 2(d) Opposition to STONEL over STONEFIL

Finding Applicant Stonel's bricks related to Opposer Stoncor's mortar and grout, the Board sustained a Section 2(d) opposition to registration of the mark STONEL & Design, finding the mark likely to cause confusion with the registered mark STONFIL. Opposer Stoncor claimed a family of "STON-" marks based on fifteen registrations for various products, but the Board found no family. Stoncor also claimed fame for its marks, but again it ran into a brick wall. Nonetheless, Opposer prevailed. Stoncor Group, Inc. v. Stonel Inc., Opposition No. 91177161 (January 19, 2011) [not precedential].In support of its fame argument, Stoncor pointed to advertising, trade show participation, and nearly 12,000 sales calls made annually by its sales reps. It also submitted magazine reader surveys showing that its flooring ranked first...continue to full post

Full post as published by The TTABlog on January 20, 2011 (boomark / email).