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ARTICLE · 27 FEBRUARY 2018

TTAB Test: Are These Two Marks For Fruit Preserves Confusingly Similar?

Wolf, Greenfield & Sacks, P.C.
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The USPTO refused registration of the mark PANACHE (in standard characters) for "apple butter; apple purée; processed apples," finding it likely to cause confusion ...

United StatesIntellectual Property
John L. Welch
John L. Welch
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The USPTO refused registration of the mark PANACHE (in standard characters) for "apple butter; apple purée; processed apples," finding it likely to cause confusion with the registered mark MANGO MANGO MANGO PRESERVES A PANACHE PARTY PRESERVE and design (shown below) for "fruit preserves" [MANGO and MANGO PRESERVES disclaimed]. How do you think this appeal came out? In re Panache LLC, Serial No. 87182253 (February 20, 2018) [not precedential] (Opinion by Judge Marc A. Bergsman).

Applicant's "processed apples" fall within the ambit of Registrant's "fruit preserves" because fruit includes apples and preserves are processed fruit. Also, apple butter and and fruit preserves are both used as "spreads" and therefore are related products. The evidence revealed that several entities sell apple butter and preserves under the same mark at their respective websites. The Board concluded that the goods are in part identical identical and are offered in the same channels of

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