The USPTO refused registration of the mark THE
KARTRITE and the word+design mark shown first below, for a
raft of goods and services in classes 12, 14, 16, 18, 20, 21, 25,
28, 35, 41, 43, and 44, including "providing waterpark
services," finding a likelihood of confusion with the
registered mark AQUATOPIA KARTRITE'S EPIC ADVENTURES +
Design, shown second below, for "indoor waterpark
services." On appeal, the Board found some of the involved
goods and services to be related, but what about the marks? Are
they confusingly similar? In re Catskill Resorts TRS, LLC,
Serial Nos. 88337961 and 88338045 (March 31, 2021) [not
precedential] (Opinion by Judge Christopher Larkin).
The Board, unsurprisingly, found that the word
"Aquatopia" is the dominant portion of the cited mark
because "it comprises the largest literal portion of the mark
in terms of size, position, and emphasis," and because it
"is also the first term in the mark, further establishing
