David Lilenfeld Blog The intellectual property blog of David Lilenfeld

31May/162678

HAMMER for Skateboard Gear Confusingly Similar with HAMMER Jackets & Hats

By David Lilenfeld on May 31, 2016

The USPTO refused to register the trademark HAMMER for “Skateboarding clothing, headwear and footwear, namely, beanies; belts; footwear; hats; jackets and socks; pants; shirts; sweatshirts; [and] t-shirts” on the grounds that the trademark is likely to cause confusion under Section 2 (d) of the Trademark Act, 15 U.S.C. § 1052 (d) with the registered trademark HAMMER & Design for jackets and hats. Applicant asserted that the registrant’s goods are specific to the sport of bowling and furthermore that they are associated with the professional skateboarder, Jim Greco.

The Board conducted a likelihood of confusion analysis focusing on the similarities between the trademarks and the relatedness of the goods. The test used in In re E.I. du Pont de Nemours & C0., 476 F.2d 1357, 177 USPQ 563, 567 (CCPA 1973) evaluates not whether the trademarks can be distinguished in a side-by-side comparison, but rather whether as a whole their commercial impressions are so similar that confusion is likely. The Board found the trademarks to be quite similar visually because they share a similar commercial impression and are phonetically identical.

Then the Board determined whether the degree of relatedness rises to the level that would mistakenly lead consumers to believe the goods come from the same source. The applicant’s goods, which include jackets and hats, overlap with the goods already registered; and even narrowing the applicant’s goods to skateboarding clothes they still fall within the scope of the registered goods. Applicant argued that its focus on skateboarding differentiates its goods from those of the registration, which are bowling clothes. The Board rejected this argument because there are no limitations in the registration so the goods are presumed to travel in all normal channels of trade to all customers. Accordingly, the Board found the goods and trade channels overlap, which lead to a likelihood of confusion.

Finally, applicant asserted the clothing industry has many HAMMER trademarks. Therefore, applicant’s trademark should be permitted to join the industry. Applicant cited five third-party registrations but nevertheless the Board found these five registered trademarks contain other matter that distinguishes them from the cited trademark. Applicant’s trademark does not include any of this other matter. The Board found this du Pont factor to be neutral because these five third-party registrations do not establish confusion among consumers.

In light of the similarity of the trademarks and the overlap and relatedness of the goods and overlapping trade channels, the Board finds in favor of likelihood of confusion. Therefore, the Board affirmed the refusal to register applicant’s trademark under Section 2 (d).

 

Comments (2678) Trackbacks (21)
  1. This is very interesting, You’re a very skilled blogger.
    I’ve joined your rss feed and look forward to seeking more of your excellent post.
    Also, I’ve shared your site in my social networks!

  2. Greetings! Very helpful advice in this particular post!
    It is the little changes which will make the most important changes.
    Thanks a lot for sharing!

  3. Excellent post. I was checking constantly this weblog and I’m impressed!
    Very helpful information particularly the ultimate phase :
    ) I handle such info a lot. I was seeking this certain info
    for a very long time. Thanks and good luck.

  4. hey there and thank you for your information – I have definitely picked up anything new from right here.
    I did however expertise a few technical points using this web site, since I experienced to reload the site a lot of times previous to I could get it to load correctly.

    I had been wondering if your web host is OK? Not that I’m complaining, but slow loading
    instances times will very frequently affect your placement in google and can damage your high quality score
    if ads and marketing with Adwords. Anyway I am adding this RSS to
    my email and can look out for much more of your respective exciting content.

    Ensure that you update this again soon.

  5. Good article. I am going through some of these issues as well..

  6. I’m not sure why but this blog is loading incredibly slow for me.

    Is anyone else having this problem or is it a issue on my end?
    I’ll check back later and see if the problem still exists.

  7. I do accept as true with all the ideas you’ve introduced
    in your post. They are really convincing and will
    certainly work. Nonetheless, the posts are very brief for newbies.
    May just you please prolong them a little from next time?
    Thanks for the post.

  8. Hi there! Someone in my Myspace group shared this website
    with us so I came to give it a look. I’m definitely enjoying the information. I’m book-marking and will
    be tweeting this to my followers! Outstanding blog and great style and
    design.

  9. Hey! I’m at work browsing your blog from my new iphone 3gs!
    Just wanted to say I love reading your blog and look forward to all your
    posts! Carry on the fantastic work!

  10. Whoa! This blog looks exactly like my old one! It’s on a entirely different subject but it has pretty much the same layout and design. Wonderful choice of
    colors!

  11. If you would like to obtain a great deal from this post then you have to apply these
    strategies to your won web site.

  12. Write more, thats all I have to say. Literally, it seems as though you relied on the
    video to make your point. You clearly know what youre talking about,
    why waste your intelligence on just posting videos to your
    site when you could be giving us something enlightening to read?

  13. Cialis Viagra Barcelona online pharmacy Antibiotics For Sale 24 Hour Delivery Free Shipping Stendra

  14. You’ve made some good points there. I checked on the web for
    more info about the issue and found most individuals will go along with your views on this website.

  15. If you are going for most excellent contents like I do,
    simply pay a visit this web page daily because it presents feature contents, thanks

  16. Hey! Do you know if they make any plugins to help with SEO?
    I’m trying to get my blog to rank for some targeted
    keywords but I’m not seeing very good gains. If you know
    of any please share. Thanks!

  17. I’m not that much of a online reader to be honest but your sites really nice, keep it up!
    I’ll go ahead and bookmark your website to come back down the road.

    Many thanks

  18. If you wish for to get much from this post then you have to apply such strategies to
    your won website.

  19. This site really has all of the information and facts I needed concerning this subject and didn’t know who to
    ask.

  20. This site was… how do you say it? Relevant!! Finally I’ve found something that helped
    me. Appreciate it!

  21. Hola! I’ve been reading your website for a long
    time now and finally got the bravery to go ahead and give
    you a shout out from Austin Texas! Just wanted to say keep up the fantastic
    job!

  22. I was recommended this web site by way of my cousin. I am
    now not certain whether this publish is written via him as no one
    else know such distinct approximately my trouble. You are incredible!
    Thank you!

  23. If you desire to improve your know-how simply keep
    visiting this web page and be updated with the most up-to-date news posted here.

  24. I do trust all the ideas you’ve offered to your post.
    They are very convincing and can definitely work.
    Still, the posts are very quick for starters. May
    you please lengthen them a bit from subsequent time?
    Thanks for the post.

  25. I was suggested this web site by my cousin. I’m not sure whether this
    post is written by him as no one else know such detailed about my trouble.
    You are incredible! Thanks!

  26. whoah this blog is great i like reading your posts.
    Keep up the good work! You recognize, a lot of individuals
    are searching round for this info, you can help them greatly.

  27. Excellent beat ! I wish to apprentice while you amend your website, how could
    i subscribe for a blog site? The account aided me a acceptable deal.
    I had been tiny bit acquainted of this your broadcast
    provided bright clear idea

  28. This piece of writing offers clear idea designed for the new people of blogging, that
    actually how to do blogging and site-building.

  29. Good blog post. I definitely love this website.
    Keep it up!

  30. Hi! This is my first visit to your blog! We are a collection of volunteers and starting
    a new project in a community in the same niche. Your blog provided
    us valuable information to work on. You have done a
    marvellous job!

  31. can i be is in uk chemist

    3229 mantakesisandfuck

  32. Bentyl Saturday Delivery No Script Needed Store Cash Delivery cheap cialis Cialis Super Active 100mg Levitra Dosage Strengths Cialis Cheapest Price

  33. buy pink viagra by pfizer

  34. 069c viagra online rss feed

    cheap viagra online walmart

  35. For the reason that the admin of this web page is working, no question very shortly it will
    be renowned, due to its quality contents.

  36. viagra 50mg tablet price

  37. does rush limbaugh use viagra

  38. 069c viagra online zonder recept

    comprar brand viagra talca

  39. I’m really impressed with your writing skills and also with the layout on your blog.
    Is this a paid theme or did you customize it yourself?
    Either way keep up the nice quality writing, it is rare to see a great blog like this one these days.

  40. 5 Mg cialis 20mg price at walmart Cialis Original Oder Falschung Amoxicillin Resistant Dental Purchase Plavix

  41. Pharmacy24online Drug Tadalis Sx Soft cialis generic Cialis E Bruciore Di Stomaco Amoxicillin 500mg Cap Order Propecia Online

  42. at now is

    f026 be is vietnam

  43. comparison is is

    d82c cost of is in portugal

  44. For latest news you have to pay a visit the web and on the web I found
    this site as a best web site for most up-to-date updates.

  45. compra de is ato

    9136 le is pilule

  46. only here be is soft tabs

    9136 is on line canada


Leave a comment


*

Go to top ↑
-->