TTABlog Test: Is "BARE" For Sausage Confusable With "JUST BARE" For Poultry?

The USPTO refused to register the mark BARE for "skinless beef sausage, skinless pork sausage; beef; pork; hamburger; beef snack sticks; processed pork, veal and beef," finding a likelihood of confusion with the registered mark JUST BARE, in standard character and design form (below), for poultry and processed chicken. Applicant Mello Meats argued that the word JUST distinguishes the two marks, and as to the goods, there are many entities that register and use their marks for only one type of meat product. How do you think this came out? In re Mello Meats Inc., Serial No. 87624232 (June 8, 2020) [not precedential] (Opinion by Judge Jonathan Hudis).


The Marks: Examining Attorney Christine Martin maintained that the marks BARE and JUST BARE are similar in sound, appearance, and commercial impression. Consumers are likely to view applicant's mark, with the elimination of the word "JUST," as a variation of the cited mark. As to the cited word-plus-design mark, the