Precedential No. 3: TTAB Refuses To Limit Goods In Cited Software Registration, Affirms Section 2(D) Refusal

The Board affirmed a Section 2(d) refusal to register the mark shown below left, for "Computer application software for mobile phones and desktop computers, namely, software for visualizing the popularity of places in real time, that uses an underlying map capability for navigation, sold as 'business to consumer' (B2C) software, and not as 'business to business' (B2B) software," finding it likely to cause confusion with the registered mark shown below right, for "Downloadable mobile applications for mobile phones and mobile electronic devices, primarily software for travel and destination marketing organizations and travel marketing professionals." Applicant Solid State argued, to no avail, that the registration improperly failed to specify the function of the software, but the Board observed that it lacked the power to read limitations into the unrestricted identification of goods in the registration. In re Solid State Design Inc., Serial No. 87269041 (January 3,