Different Bottle Configurations May Be Confusingly Similar

Coscentra B.V. of the Netherlands sought to extend to the U.S. its International Registration of a three-dimensional perfume bottle in the shape of a male torso.

A U.S. extension is examined just like any other U.S. application. The Examining Attorney refused registration because of a prior U.S. registration owned by the Spanish company Antonio Puig SA (a client of our firm) of a perfume bottle in the shape of a male torso. The registered mark was claimed to be blue.

Registrant's male torso bottle configuration drawing

Coscentra appealed the refusal to the Trademark Trial and Appeal Board. The TTAB noted that, since the respective identifications of goods were identical and without any restrictions, the goods were presumed to travel in the same channels of trade, and less similarity between the marks was required for a finding of a likelihood of confusion. The TTAB also noted that the limitation to the color blue in the registration was not a significant