TTABlog Test: Is "ELEPHANT LEARNING MATH ACADAMY" Confusable With "ELEPHANT GAMES" For Computer Game Software?

The USPTO refused to register the mark ELEPHANT LEARNING MATH ACADEMY for downloadable educational software apps [LEARNING and MATH ACADEMY disclaimed], finding confusion likely with the registered marks ELEPHANT GAMES, in standard characters and in the logo form shown below, for, inter alia, computer game software and electronic game software for mobile phones [GAMES disclaimed]. Well, the goods overlap, but what about the marks? After the disclaimers, what's left in each mark but "ELEPHANT"? How do you think this came out? In re Elephant Learning, LLC, Serial No. 90556090 (July 13, 2022) [not precedential] (Opinion by Judge Cindy B. Greenbaum).

Strength of the Cited Marks: Applicant argued that ELEPHANT is a weak formative for software products, pointing to ten or so use-based registrations for marks containing the word ELEPHANT (e.g., BUBBLES THE ELEPHANT, ELEPHANT TREASURES, and ASIAN ELEPHANT). "Perhaps more importantly, the two cited registrations and