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TTAB Reverses 2(d) Refusal As Waste of Everyone's Time

The Board took two Examining Attorneys to task in this appeal from a Section 2(d) refusal. Applicant Grand Prix sought to register the mark SPYN in the stylized form shown immediately below, for various automobile parts. The Examining Attorneys saw a likelihood of confusion with the registered mark SPYN in the different stylized form shown next below, for "audio equipment namely speakers, equalizers, and amplifiers." But the Board found no evidence in the record that the involved goods are related, and more specifically that "automobiles might encounter the respective goods in the same channels of trade." In re Grand Prix Import Inc., Serial No. 77408025 (June 2, 2010) [not precedenital].The only evidence of record supporting the refusal comprised two webpages: one showing that Don's Car Stereo of Lynchburg, VA, sells auto stereos, installs windshield wipers, tints windows and customizes wheels: the other indicating that Xtreme Cary Toys of Birmingham, AL, offers a wide array of custom accessories allowing an owner to "trick out" his or her vehicle...continue to full post

Full post as published by The TTABlog on June 23, 2010 (boomark / email).