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ARTICLE · 15 JULY 2019

TTABlog Test: Is MAIN LINE REFRESH Confusable With MAIN LINE HEALTH Or MAIN LINE PLASTIC SURGERY?

Wolf Greenfield & Sacks
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The USPTO refused registration of the mark MAIN LINE REFRESH (standard characters) for "Medical consultations; Medical services; Cosmetic and plastic surgery" [MAIN LINE disclaimed], ...

United StatesIntellectual Property
John L. Welch
John L. Welch
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The USPTO refused registration of the mark MAIN LINE REFRESH (standard characters) for "Medical consultations; Medical services; Cosmetic and plastic surgery" [MAIN LINE disclaimed], finding it likely to cause confusion with the registered mark MAIN LINE HEALTH (in standard characters and in the design form shown below, with HEALTH disclaimed) for, inter alia, medical services, and the registered mark MAIN LINE PLASTIC SURGERY & Design for cosmetic and plastic surgery services. The involved services are, in part, identical and so the Board presumed that they travel in the same trade channels to the same classes of consumers. But what about the marks? How do you think this came out? In re Morgenstern Center for Orbital and Facial Plastic Surgery Inc., Serial No. 87267085 (July 2, 2019)[not precedential] (Opinion by Judge Frances Wolfson).

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