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ARTICLE · 20 AUGUST 2021

TTABlog Test: Is "GENRESTORE" Confusable With "RESTOREGEN" For Dietary Supplements?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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The USPTO refused registration of the mark GENRESTORE, finding confusion likely with the registered mark RESTOREGEN, both for dietary supplements.

United StatesIntellectual Property
John L. Welch
John L. Welch
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The USPTO refused registration of the mark GENRESTORE, finding confusion likely with the registered mark RESTOREGEN, both for dietary supplements. Applicant Live Good conceded that the commercial impression of both marks is that the dietary supplements will "restore" something missing in the user's body or diet, but the marks differ in sound and appearance. Live Good contended that consumers will will exercise heightened care in purchasing products they intend to ingest. How do you think this appeal came out? In re Live Good Inc., Serial No. 88877980 (August 17, 2021) [not precedential] (Opinion by Judge Michael B. Adlin). 

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Live Good argued that the word RESTORE is a weak formative but it failed to timely submit its supporting evidence (a dictionary definition and third-party registrations).

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