TTAB Finds Two Puppy Marks Confusable For Bathroom Tissue

The Board sustained Kimberly-Clark's opposition to registration of the word + design mark shown below left, on the ground of likelihood of confusion with K-C's registered mark shown below right, both for bathroom tissue. The Board observed that, although the words in a word + design mark like applicant's are usually accorded greater weight, in this case opposer K-C's mark comprises only the image of a puppy with its paw on a roll of toilet paper, "so rather than using words to call for Opposer's goods, consumers might identify Opposer's brand another way, perhaps by recalling and mentioning the dog, or 'the puppy with toilet paper.'" Kimberly-Clark Worldwide, Inc. v. Matosantos Commercial Corp., Opposition No. 91218800 (January 26, 2018) [not precedential] (Opinion by Judge Michael B. Adlin).