Valentine's Day Greetings

Damselfly Global LLC (Applicant) filed a U.S. intent to use application to register the mark shown below (disclaiming the exclusive right to use NY) for, among other things, back packs, clothing items, and plant seeds.

The Trademark Examining Attorney refused registration as to the goods (other than plant seeds) based on a likelihood of confusion with the iconic I NY marks registered by the New York State Department of Economic Development (Registrant):

The mark actually used by Registrant is:

Applicant appealed to the Trademark Trial and Appeal Board (TTAB), which affirmed the refusal of registration. The TTAB focused on the registered mark with the black heart design element (without a claim to any color). That registration covered goods that overlapped the goods in issue in the application, and the respective goods were presumed to travel in the same channels of trade and to the same classes of consumers.