Confusion is Likely Between the Marks "ML" and "ML MARK LEES" for Identical Goods

Judges: Newman (author), Clevenger, Linn
[Appealed from TTAB]

In In re Mighty Leaf Tea, No. 09-1497 (Fed. Cir. Apr. 13, 2010), the Federal Circuit affirmed the TTAB's refusal to register the mark ML for skin care products, based on a likelihood of confusion with the mark ML MARK LEES for identical products. The Court rejected the applicant's argument that the TTAB gave inadequate weight to its submitted evidence of third-party marks incorporating the letters "ML" for skin care products and agreed with the TTAB that the additional words MARK LEES in the registrant's mark were not enough to distinguish the mark from ML.

Applicant Mighty Leaf Tea filed an application in July 2007 to register the mark ML for skin care and bath products in Class 003. The Examining Attorney rejected the application based on a likelihood of confusion with the mark ML MARK LEES for skin care products and makeup. In response to the rejection, Mighty Leaf Tea stated that its application was