Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

Test Your TTAB Judge-Ability: Is Candy Related to Chocolate Drink Mix? Cookies?

Examining Attorney Fred Carl III issued two Section 2(d) refusals of the mark CHOKI for "candy, namely confections prepared from chocolate and aronia berries, containing no fillers, waxes or artificial ingredients, and marketed by direct sales," finding the mark likely to cause confusion with two registered marks: CHOKI for powdered chocolate drink mix and CHOKIS for cookies. What do you think the Examining Attorney relied on to proof of relatedness of the goods? In re Orenda International, LLC, Serial No. 77639103 (January 7, 2011) [not precedential].The Board readily found the marks to be "highly similar in appearance, pronunciation, connotation (or lack thereof) and commercial impression."Chocolate Drink Mix: As to the first of the cited goods, the Examining Attorney relied on third-party registrations and website evidence showing, for example, that Starbucks and Nestle sell chocolate bars and cocoa mixes...continue to full post

Full post as published by The TTABlog on February 03, 2011 (boomark / email).