TTAB Reverses Section 2(d) Refusal: Goods Unrelated And Consumers Sophisticated

On the average of twice per month, the Board reverses a Section 2(d) refusal. Here, the Board found the mark CMC for "Non-metallic underground columns for land stabilization and reinforcement that are fabricated and installed on site" not likely to cause confusion with the identical mark CMC for a "full line of metals in sheet, rod, bar, angle, round, beam, castellated beam, cellular beam, flat beam, joist, strip, tube, plate, billet, square, and wire form" and "retail store services and distributorships featuring ... construction products, and accessories." For once, a "sophisticated purchaser" argument carried some weight in the Board's du Pont analysis. In re Soletanche Freyssinet, Serial No. 79194724 (July 16, 2019) [not precedential] (Opinion by Judge Albert Zervas).