Someone said a picture is worth a thousand words. If true, that
would make it really difficult to compare a design mark and a word
mark for likelihood of confusion purposes. Fortunately, a recent
case from the Trademark Trial and Appeal Board (the
"TTAB") provides clearer guidance.
Aquitaine Wine USA, LLC sought to register the mark below in
connection with certain French wines protected by an appellation of
origin:
It was refused registration on the grounds of likelihood of
confusion with the registration for the mark CHATEAU LAROQUE for
use with wines having a different controlled appellation. Aquitaine
appealed.
In this case, the TTAB had to analyze whether there was a
likelihood of confusion between a mark comprised of both literal
and graphic elements against a standard character mark. The TTAB
began its analysis emphasizing the factors involving similarity of
the marks and relatedness of the goods. The TTAB observed that when
comparing a mark with a
