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Keywords

appealtrialtrademark

Related Cases

Oakville Hills Cellar, Inc. v. Georgallis Holdings, LLC, 826 F.3d 1376, 119 U.S.P.Q.2d 1286

Facts

Oakville Hills Cellar, Inc. holds a registered trademark for 'MAYA' used on wine and opposed Georgallis Holdings, LLC's application to register the mark 'MAYARI' for the same goods. The Trademark Trial and Appeal Board dismissed Oakville's opposition, finding that the two marks were not sufficiently similar to cause confusion among consumers. The Board evaluated various factors, including the similarity of the marks and the nature of the goods, ultimately concluding that the marks create significantly different commercial impressions.

Oakville opposed the registration, alleging that Georgallis's mark would likely cause confusion with Oakville's previously registered and used mark MAYA in typed form, which is equivalent to standard characters, also for use on wine in International Class 33.

Issue

Whether the Trademark Trial and Appeal Board erred in finding that the marks 'MAYA' and 'MAYARI' were not likely to cause confusion among consumers.

Rule

The likelihood of confusion between trademarks is assessed based on the factors set forth in In re E.I. DuPont DeNemours & Co., which include the similarity of the marks, the relatedness of the goods, and other relevant factors. The Board's findings are reviewed for substantial evidence, which is defined as more than a mere scintilla of evidence that a reasonable mind would accept as adequate to support a conclusion.

The likelihood of confusion is a question of law based on underlying findings of fact. In re E.I. DuPont DeNemours & Co., 476 F.2d 1357, 1361 (CCPA 1973).

Analysis

The Board found that while the goods were identical, the marks 'MAYA' and 'MAYARI' were visually and phonetically dissimilar. The Board noted that consumers would likely perceive 'MAYA' as a familiar name with established meanings, while 'MAYARI' would be seen as an unfamiliar coined term. The analysis focused on the first DuPont factor, which weighed against a finding of likelihood of confusion due to the significant differences in commercial impression.

Conclusion

The court affirmed the Board's decision, concluding that substantial evidence supported the finding that the marks were sufficiently dissimilar to avoid confusion.

The Board correctly found that the unfamiliar MAYARI is distinguishable from the familiar MAYA, and that the marks, considered in their entireties, are dissimilar as to appearance, sound, meaning, and overall commercial impression.

Who won?

Georgallis Holdings, LLC prevailed in this case as the court upheld the Trademark Trial and Appeal Board's decision to dismiss Oakville's opposition to the registration of the 'MAYARI' mark. The Board's analysis indicated that despite the identical nature of the goods, the differences in the marks' appearance, sound, and meaning were significant enough to prevent any likelihood of confusion among consumers.

Georgallis prevailed as the Board found that the marks at issue, MAYA and MAYARI, 'are visually similar only in part' and that 'the marks create significantly different commercial impressions.'

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