TTAB Test: Is FALL HARVEST Confusable With AUTUMN HARVEST BLEND For Coffee?

The USPTO refused registration of the mark FALL HARVEST for "coffee for use in single-serve brewing machines," finding the mark likely to cause confusion with the registered mark AUTUMN HARVEST BLEND for "whole roasted coffee beans, ground roasted coffee beans and processed ground coffee beans" [BLEND disclaimed]. Applicant pointed out that its goods would be used by consumers only for single-service machines, and it argued that in view of 14 third-party registrations, HARVEST is a weak formative. How do you think this came out? In re Trilliant Food and Nutrition, LLC, Serial No. 87400795 (December 11, 2017) [not precedential] (Opinion by Judge Albert Zervas).

The Board found that the involved goods overlap. Registrant's goods are broadly described and its coffee beans include ground roasted coffee beans "for use in single serve brewing machines." The evidence showed that fresh ground coffee can be used in a coffee maker instead of pods. Because the goods