The USPTO refused registration of the mark ACTTRA, finding it
likely to cause confusion with the registered mark ACTARA, both for
agricultural insecticides. Applicant argues that its mark "is
a two syllable word pronounced as 'ACK-tra'"whereas
the cited mark "is a three syllable word
pronounced as 'ac-TAR-a.'" How do you think this
appeal came out? In re ISCA Technologies, Inc., Serial No.
87321402 (April 24, 2019) [not precedential] (Opinion by Judge
Thomas Shaw).
The Board took only six pages to affirm the refusal. Since the
goods are identical, a lesser degree of similarity between the
marks is needed to support a Section 2(d) refusal. The Board was
not persuaded by applicant's argument.
