TTABlog Test: Is "SMALL WINS" Confusable With "BIG WIN" For Candy?

The USPTO refused to register the mark SMALL WINS for "sweets and candies, namely, gummies and soft candies," finding confusion likely with the registered mark BIG WIN for "candy." The goods are legally 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 In re Sugar Free Specialties, LLC, Serial No. 90706411 (December 7, 2022) [not precedential] (Opinion by Judge Jonathan Hudis)

There was no evidence to suggest that the cited mark is conceptually or commercially weak, and so it merited "the typical scope of protection afforded a mark registered on the Principal Register pursuant to Trademark Act Section 7(b), 15 U.S.C. § 1057(b)."