Applicant's ENDORPHIN HIGH Expires When He Crashes Into Existing Registration.

Applicant filed for a trademark application for ENDORPHINS for "hats; sweatshirts; t-shirts; tank tops."  (Seriously,...does anyone wear tank tops anymore?)

The application was rejected based on U.S. Trademark Registration No. 3927040 for the mark shown below:

for a variety of clothing items including hats and t-shirts.  The TTAB affirmed the refusal.

While this is a fairly straight forward and simple case, it does touch on several key issues often raised in a typical TTAB Likelihood of Confusion decision.  Specifically:

(1) The decision reminds trademark owners that often the two most common/important Likelihood of Confusion factors are similarity of the goods/services and the similarity of the marks.