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ARTICLE · 21 JULY 2017

TTAB Test: Is IVE For Protective Work Gloves Confusable With EB & IVE For Clothing?

Wolf Greenfield & Sacks
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The USPTO refused registration of the mark IVE for "protective work gloves," finding it likely to cause confusion with the registered mark EB & IVE for various clothing items.

United StatesIntellectual Property
John L. Welch
John L. Welch
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The USPTO refused registration of the mark IVE for "protective work gloves," finding it likely to cause confusion with the registered mark EB & IVE for various clothing items. Applicant argued that its goods are sold at wholesale to sophisticated buyers, and that "eb and ive" brings to mind "ebony and ivory," while its mark has no such connotation. How do you think this came out? In re Ironclad Performance Wear Corp., Serial No. 86737035 (July 6, 2017) [not precedential] (Opinion by Judge Thomas W. Wellington).

The Board deemed the marks to be more similar than dissimilar, finding no evidence to support applicant's "ebony and ivory" argument. To the extent consumers would so view registrant's mark, they would also be likely to view "ive" as short for "ivory." [Huh? - ed.]. Indeed, consumers may believe IVE is an offshoot of the EB & IVE brand.

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