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ARTICLE · 29 JUNE 2022

TTAB Finds Two KR Design Marks For Cosmetics Confusingly Similar

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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The Board affirmed a Section 2(d) refusal of the mark shown below left, for "non-medicated skin serums; facial concealer; pre-moistened cosmetic wipes; and skin moisturizer...

United StatesIntellectual Property
John L. Welch
John L. Welch
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The Board affirmed a Section 2(d) refusal of the mark shown below left, for "non-medicated skin serums; facial concealer; pre-moistened cosmetic wipes; and skin moisturizer," finding confusion likely with the registered mark shown below right for, inter alia, cosmetics. Applicant Krete LLC argued that the marks are "clearly distinguishable," but the Board pointed out that "it is not necessary for the marks to be indistinguishable to be found similar." Kretet also pointed to its ownership of a registration for a similar mark for non-medicated skin serums, but the Board was unimpressed.  In re Krete LLC, Serial No. 90369855 (June 24, 2002) [not precedential] (Opinion by Judge Peter W. Cataldo).

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