March 29, 2024

TTABlog Test: Are Dietary Supplements Related To Skincare Products Under Section 2(d)? – Intellectual Property – United States – Mondaq News Alerts

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Usa:

TTABlog Look at: Are Dietary Dietary supplemalests Associated To Skincare Merchandise Beneath Part 2(d)?

24 November 2021

Wolf, Greenfield & Sacks, P.C.
…….

Usa:

TTABlog Look at: Are Dietary Dietary supplemalests Associated To Skincare Merchandise Beneath Part 2(d)?

24 November 2021

Wolf, Greenfield & Sacks, P.C.

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The USPTO refused registration of the proposed
mark MANSBRAND for “dietary
supplemalests; erectile dysfunction supplemalests; male enhancemalest
supplemalests; pure supplemalests; well being supplemalests; well being booster
supplemalests; muscle constructing supplemalests; and nutraceuticals for
use as a dietary supplemalest,” discovering confusion probably with
the registered mark MANBRAND
SKINCARE
 for “[n]on-medicated skincare products
for males, particularally, face wash, face lotion, eye cream, physique wash,
shampoo” [SKINCARE disclaimed]. The marks are too shut for
comfort, however what Regarding The products? How do you assume this attraction
acquired here out? In re Native Holdings, Serial No. 88515551
(November 17, 2021) [not precedential] (Opinion by Decide Cynthia C.
Lynch).

As to the marks, the Board rejected applicant’s argumalest
that “[t]he plural Sort of MAN (Mans or man’s) is
important, creating the enterprise impression of products Which will
be useful for manly males,” as a Outcome of “nothing Regarding the
plural or possessive type produces that impression.” Instead,
it found The two phrases to be almost comparable [not surprisingly]
and concluded that the marks convey An identical look, sound,
connotation, and enterprise impression.

As to The products, Analyzing Lawyer Alexandra El-Bayeh submitted
numerous proof demonstrating the relatedness Of these items,
collectively with third-celebration registrations figuring out each supplemalests
and Skincare products, and third-celebration internet web websites offering similar.
“The proof reveals that these products are promoted collectively
as An elemalest of a wellness regime That options skincare and dietary,
well being, or muscle-constructing supplemalests.”

Applicant’s makes an try to study limitations into the channels
of commerce (registrant sells solely on-line by way of month-to-month subscription)
and the sophistication of related consumers (discerning clients
looking for An reply to a male-oriented problem) Did not Get up, the
Board Mentioning for the umpteenth time that The equipmalest and
cited registration include no such limitations. “The retail
internet website proof Inside the doc displays that These Sort of
products Might be Low price and are purchased by way of widespstudy shopper
retail internet web websites. Thus, We uncover that They do not primarily contain
elevated care in buying for.”

And so, the Board affirmed the refusal to register.

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Source: https://www.mondaq.com/unitedstates/trademark/1134710/ttablog-test-are-dietary-supplements-related-to-skincare-products-under-section-2d

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