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ARTICLE · 24 MARCH 2022

TTABlog Test: Are Supplements And Cosmetics Related For Section 2(d) Purposes?

Wolf Greenfield & Sacks
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The USPTO refused to register the proposed mark NUNC for "Dietary supplements and nutritional supplements for promoting nutrition and health, excluding tablets and powdered mixes used to make beverages or drinks and excluding formulations for beauty enhancement".

United StatesIntellectual Property
John L. Welch
John L. Welch
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The USPTO refused to register the proposed mark NUNC for "Dietary supplements and nutritional supplements for promoting nutrition and health, excluding tablets and powdered mixes used to make beverages or drinks and excluding formulations for beauty enhancement" (emphasis supplied), finding confusion likely with the mark NUNC in slighlty stylized form, for "Cosmetics and cosmetic preparations; aromatic oils; air fragrancing preparations; fragrances and perfumery; skin soap; dentifrice." There was no question that the marks are confusingly similar, but what about the goods? Are they related? How do you think this came out? In re Your Gummy Vitamins LLC, Serial No. 90007282 (March 17, 2022) [not precedential] (Opinion by Judge George C. Pologeorgis).

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