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ARTICLE · 08 FEBRUARY 2018

TTAB Test: Are Nutritional Supplements And Fruit Beverages Related Under Section 2(D)?

Wolf, Greenfield & Sacks, P.C.
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The USPTO refused registration of the mark CODEGREEN for "nutritional supplements in pill and/or powder form," finding the mark likely to cause confusion ...

United StatesIntellectual Property
John L. Welch
John L. Welch
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The USPTO refused registration of the mark CODEGREEN for "nutritional supplements in pill and/or powder form," finding the mark likely to cause confusion with the registered mark CODE GREEN for "fruit beverages" and "vegetable-based food beverages." Applicant Spin80 argued that the goods are not related because its supplements are geared toward the training, exercise, and fitness industries whereas the cited goods have no particular application. How do you think this came out? In re Spin80, Inc., Serial No. 87116915 (January 31, 2018) [not precedential] (Opinion by Judge Cynthia C. Lynch).

Because the marks are nearly identical, a lesser degree of relatedness between the goods is necessary to support a finding of likely confusion.

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