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ARTICLE · 28 MARCH 2019

TTABlog Test: Are These "ALL STAR" Logo Marks Confusable For Auto Part Services?

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The USPTO refused registration of the mark ASM ALL STAR MOTORSPORTS & Design

United StatesIntellectual Property
John L. Welch
John L. Welch
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The USPTO refused registration of the mark ASM ALL STAR MOTORSPORTS & Design (shown first below), for catalog and online auto parts services, finding a likelihood of confusion with the two registered word+design marks shown next below, the first for "Wholesale and retail store services featuring automotive headlights," and the second for "Wholesale distributorship in the field of high performance and racing automotive parts and accessories." [MOTORSPORTS, AUTO LIGHTS, and PERFORMANCE disclaimed in the respective marks.] ALL STAR seems like a weak formative, doesn't it? How do you think this came out? In re Karapetian, Serial No. 87034208 (March 14, 2019) [not precedential] (Opinion by Judge Lorelei Ritchie).

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