TTAB Test: Is CAREBOARD Confusable With ECAREBOARD For Patient Information Systems?

The USPTO refused to register the mark CAREBOARD for computer hardware and software for monitoring hospital patients, staff, and equipment, finding the mark likely to cause confusion with the registered mark ECAREBOARD for interactive computer platforms for providing information to patients. Applicant argued on appeal that the letter "E" distinguishes the marks, and that the goods/services are different because its goods are medical workstations whereas registrant's services are provided via the cloud. How do you think this came out? In re West-Com Nurse Call Systems, Inc., Serial No. 86935321 (November 14, 2017) [not precedential] (Opinion by Judge Linda A. Kuczma).

The Marks: The Board observed that the difference between the two marks is the single letter "E," which describes a feature or characteristic of registrant's services, namely, that they are electronic or Internet-related. "Indeed, the 'E' prefix is commonly recognized and understood as a designation