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TTAB Allows Applicant to Amend I.D., But Still Sustains 2(d) Opposition to FINISHPRO for Professional Paint Sprayers

Applicant Graco won the initial skirmish but lost the war in this Section 2(d) opposition. The Board granted Graco's motion to amend its identification of goods from "paint sprayers" to "paint sprayers for use by professional painters and professional contractors in applying architectural coatings." But the Board still found Graco's mark FINISHPRO likely to cause confusion with the registered mark FINISH PRO (in standard character and design form) for paint and paint-related products for automobile, marine, and industrial use. Liberty Bell Equipment Corp. v. Graco Minnesota Inc., Opposition No. 91177965 (January 31, 2011) [not precedential].After discovery closed and before its testimony period opened, Graco filed a motion under Rule 2.133(a) to amend its application as stated above...continue to full post

Full post as published by The TTABlog on February 02, 2011 (boomark / email).