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Keywords

attorneyappealtrialpatenttrademark

appellant

Related Cases

In re Mighty Leaf Tea, 601 F.3d 1342, 94 U.S.P.Q.2d 1257

Facts

Mighty Leaf Tea applied to register the mark ML for personal care and skin care products, asserting first use in commerce on November 1, 2004. The application was rejected by the Examining Attorney due to a likelihood of confusion with the registered mark ML MARK LEES, which was used for similar goods. The Trademark Trial and Appeal Board affirmed this rejection, finding that the marks were likely to cause confusion among consumers. Mighty Leaf Tea argued that the existence of other similar marks indicated that ML was a weak mark.

Mighty Leaf Tea filed an application to register the mark ML on the Principal Register in Class 003, for 'personal care products and skin care preparations, namely, skin soap, body wash, foam bath, body lotion, body scrub, bath salts and massage oil; potpourri; incense.'

Issue

Is there a likelihood of confusion between the applicant's mark ML and the registered mark ML MARK LEES for similar goods?

Rule

Likelihood of confusion under Section 2(d) of the Lanham Act is a legal determination based on factual underpinnings.

Analysis

The Board found that the marks ML and ML MARK LEES were similar in appearance, sound, and commercial impression, particularly because they were used on nearly identical goods. The presence of the additional term 'MARK LEES' in the registered mark did not diminish the likelihood of confusion, as consumers might perceive ML as a shortened version of the registered mark. The Board also noted that the applicant's evidence of third-party marks did not sufficiently demonstrate that the letters 'ML' were weak or that consumers would distinguish between them.

The Board found that the specific style of the letters 'ML' in the registered mark could not serve as a basis for distinction, because the appellant sought to register ML in standard character form; these marks 'are not limited to any particular rendition of the mark.'

Conclusion

The Board affirmed the Examining Attorney's rejection of the application, concluding that customer confusion was likely between the marks ML and ML MARK LEES.

While likelihood of confusion turns on the facts and evidence as to the particular mark, we agree with the Board that customer confusion is likely between ML and ML MARK LEES, when used on nearly identical goods.

Who won?

The Patent and Trademark Office prevailed in this case, as the Board upheld the rejection of Mighty Leaf Tea's application for the mark ML. The Board's decision was based on a thorough analysis of the likelihood of confusion factors, concluding that the similarities between the marks and the goods were significant enough to warrant the rejection. The Board emphasized that the applicant's mark was likely to be perceived as a variation of the registered mark, which could mislead consumers regarding the source of the products.

The Board concluded that ML used with the designated goods was likely to cause confusion with ML MARK LEES for the same goods.

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Keywords

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