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ARTICLE · 12 JANUARY 2018

TTAB Test: Are These Two Stylized "P" Marks Confusingly Similar For Cigars?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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The USPTO refused registration of the mark shown below left, finding it likely to cause confusion with the mark shown below right, both for cigars. On appeal, applicant argued that the customers for its "high-end" cigars are sophisticated and selective, and furthermore that four third-party registrations for marks containing the letter "P" demonstrate that the cited mark is weak.

United StatesIntellectual Property

The USPTO refused registration of the mark shown below left, finding it likely to cause confusion with the mark shown below right, both for cigars. On appeal, applicant argued that the customers for its "high-end" cigars are sophisticated and selective, and furthermore that four third-party registrations for marks containing the letter "P" demonstrate that the cited mark is weak. How do you think this came out? In re Plasencia 1865, LLC, Serial No. 87147187 (January 9, 2018) [not precedential] (Opinion by Judge Karen Kuhlke).

Of course, because the goods in the application and cited registration are identical, the Board must presume that they travel in the same channels of trade to the same classes of consumers. Applicant's argument regarding the nature of its cigars and the sophistication of its consumers was irrelevant, since no such limitations appear in the application at issue. Moreover, the was no evidence that consumers of cigars, in general, are

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