TTABlog Test: Are These Two "I-10" Marks Confusable For Beer?

The USPTO refused registration of the mark shown immediately below, for beer, finding the mark likely to cause confusion with the registered mark I-10 for "beer, ale, lager, stout and porter." The goods overlap, but what about the marks? How do you think this came out? In re RPD Management, LLC, Serial No. 87573250 (February 11, 2019) [not precedential] (Opinion by Judge Peter W. Cataldo).

The Board found that the du Pont factors regarding of the goods, channels of trade and classes of consumers "weigh heavily in favor of likelihood of confusion."

As to the marks, the Board not surprisingly found "I-10" to be the dominant portion of the applied-for mark (the remaining terms appearing in the mark were disclaimed). Applicant's mark is likely to be shortened to "I-10" by consumers.