TTABlog Test: Is "ONE GREEN" Confusable With "8GREENS" For Nutritional Supplements?

Tasty Greens LLC opposed an application to register the mark ONE GREEN for nutritional supplements, claiming a likelihood of confusion with its registered mark 8GREENS, also for nutritional supplements. Opposer's supplements are made from eight green vegetables, and its registration issued under Section 2(f) based on acquired distinctiveness. How to you think this opposition came out? Tasty Greens LLC v. Sylvio Campos, Opposition No. 91255119 (July 9, 2021) [not precedential] (Opinion by Judge Johathan Hudis).

The Goods: Applicant Campos's identification of goods ("dietary and nutritional supplements; vitamins") encompassed Opposer Tasty Green's goods as identified in its pleaded registrations (nutritional supplements containing green leafy vegetables and herbs), and so the Board considered the involved goods to be legally identical. It therefore presumed that the goods travel in the same trade channels to the same potential customers. Moreover, the goods are