TTABlog Test: Is INTEGRATED PERFORMANCE CARE SYSTEMS Confusable With This Word+Design Mark For Chiropractic Services?

The USPTO refused to register the mark INTEGRATED PERFORMANCE CARE SYSTEMS for, inter alia, chiropractic services [CARE SYSTEMS disclaimed], finding a likelihood of confusion with the registered word+design mark shown below, for chiropractic services. Applicant Donald Dudley appealed. Did Dudley do right? In re Donald Dudley, Serial No. 87655327 (October 4, 2019) [not precedential] (Opinion by Judge Cynthia C. Lynch).

Because the services are in part identical, the Board must presume that they travel in the same channels of trade to the same classes of purchasers. These factors weighed "heavily" in favor of a finding of likelihood of confusion.

As to the cited mark, the Board found the top portion to be "dominant for a number of reasons." It is the first part of the mark and is more likely to be impressed upon the minds of consumers and remembered. "The pictorial element occupies a prominent central place in the mark, and consists of a male silhouette