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  • danaldickson

Apples to oranges? Test your knowledge of relatedness!

Updated: Jan 5, 2021

For USPTO attorneys reviewing your trademark applications, relatedness of goods/services is 1 of the top 2 considerations when they are deciding whether there is a likelihood of confusion between your mark and a registered mark. Do you have a strong sense of what goods/services are related? How about rum v. wine? Veterinary services v. animal rescue services? Check out this fall update for examples of goods/services the USPTO (and TTAB) recently found to be related.

The chart below provides examples from TTAB opinions issued in July, August, and September, 2020. In all of the below situations, the TTAB affirmed the USPTO's Section 2(d) refusal of the applications at issue. To focus in on the relatedness of the goods/services, I've highlighted situations in which the applied-for and registered marks are either identical, virtually identical, or consist of identical wording + disclaimed wording.

This information was posted on October 14, 2020 and was accurate as of the date of writing. However, the law changes frequently, and readers should not rely solely on general online information but instead should consult a licensed attorney by asking questions about their specific issues when they need legal advice.

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