TTAB Test: Is "S-LON" Confusable With "C-LON" For Thread?

The USPTO refused registration of the mark S-LON for "yarns and threads for use in making beaded jewelry," finding the mark likely to cause confusion with the registered mark C-LON for "threads made of nylon." The goods overlap, but are the marks too close? How do you think this appeal came out? In re M & Y Trading, Serial No. 86879006 (March 14, 2018) [not precedential] (Opinion by Judge Susan J. Hightower).

Applicant agreed that its identification of goods encompasses nylon thread. The Board must presume that these overlapping goods travel through the same, normal channels of trade to the same classes of consumers.

As to the marks, applicant contended that each mark contains only "one letter with source identifying capacity" and that the different initial letters S and C sufficiently distinguish the marks in appearance, sound and pronunciation, connotation, and commercial impression. The Board did not agree.