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ARTICLE · 15 MAY 2020

Rejecting Applicant's Stylization Argument, TTAB Affirms UNO Section 2(d) Refusal

The Board affirmed a Section 2(d) refusal to register the mark shown below for various types of pillows, finding a likelihood of confusion with the mark UNO in standard character form, for "office...

United StatesIntellectual Property

The Board affirmed a Section 2(d) refusal to register the mark shown below for various types of pillows, finding a likelihood of confusion with the mark UNO in standard character form, for "office furniture, namely, seating." Applicant contended that is mark "is so stylized that the respective marks have a different appearance and commercial impression," but the Board was not impressed. In re Unclesign Co., Ltd., Serial No. 88123168 (April 20, 2020) [not precedential] (Opinion by Judge David K. Heasley).

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The Marks: Applicant argued that its mark "goes far beyond mere variation of 'font style, size, or color' to also include a complex and abstracted interconnectedness that forms a unique design of its own." The Board, however, pointed to several prior decisions finding "highly stylized marks with interconnected letters similar to standard character marks for the same words:" e.g., the "Lite" and "Essentials" cases.

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