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Century 21 Real Estate Corp. v. Century Life of America, 970 F.2d 874, 23 U.S.P.Q.2d 1698

Facts

Century 21 Real Estate Corporation opposed the registration of the trademark 'Century Life of America' for insurance underwriting services, claiming it would cause confusion with its own registered trademark 'Century 21.' The Trademark Trial and Appeal Board dismissed the opposition, leading Century 21 to appeal. The court found that the Board had improperly applied the relevant legal factors in determining the likelihood of confusion between the two marks.

Century 21 opposed Century Life's registration of CENTURY LIFE OF AMERICA for insurance underwriting services. The Trademark Trial and Appeal Board dismissed the opposition.

Issue

Whether the registration of the trademark 'Century Life of America' for insurance services is likely to cause confusion with the registered trademark 'Century 21.'

Whether the registration of the trademark 'Century Life of America' for insurance services is likely to cause confusion with the registered trademark 'Century 21.'

Rule

The likelihood of confusion between trademarks is assessed using several factors, including the similarity of the marks, the nature of the goods or services, the similarity of trade channels, and the fame of the prior mark. When marks are used on virtually identical goods or services, the degree of similarity required to establish confusion is reduced.

The following apply in this case: (1) The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression. (2) The similarity or dissimilarity and nature of the goods or services as described in an application or registration or in connection with which a prior mark is in use. (3) The similarity or dissimilarity of established, likely-to-continue trade channels.

Analysis

In this case, the court analyzed the similarities between the marks 'Century Life of America' and 'Century 21,' noting that both share the dominant term 'Century.' The services offered by both parties are substantially similar, and both operate in the same trade channels. The fame of the 'Century 21' mark further increases the likelihood of confusion, as consumers are likely to associate the two marks due to their similarities and the nature of the services provided.

This court weighs several factors to determine the likelihood of confusion. The word 'Century' is central to both the opposer's mark and the application. The Board found that 'Century' is the dominant element of CENTURY LIFE OF AMERICA due to applicant's disclaimer of the rest of its mark.

Conclusion

The court reversed the Board's decision, concluding that the registration of 'Century Life of America' for insurance services is likely to cause confusion with the registered mark 'Century 21.'

The Board's dismissal of Century 21's opposition is REVERSED.

Who won?

Century 21 Real Estate Corporation prevailed in this case as the court found that the registration of 'Century Life of America' would likely cause confusion with its own trademark 'Century 21.' The court emphasized the importance of the dominant term 'Century' in both marks and the substantial similarity of the services offered. The Board's failure to properly apply the du Pont factors led to its erroneous dismissal of the opposition.

Century 21 musters considerable evidence to show confusing similarity in appearance, sound, connotation, and commercial impression.

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