[E-trademarks] Trademarks without vowels

[Edward Timberlake]

The same sound, appearance, meaning, overall commercial impression, etc.
analysis will apply whether a mark has vowels or not.

And Trademark Examining Attorneys will be accustomed to seeing such marks
and searching for their phonetic equivalents, which means a likelihood of
confusion refusal would be extremely likely in the situation you describe.

You would of course be welcome to argue that the marks differ in
appearance, but greater weight is often given to the sound of marks over
their appearance. And you could argue that one of the marks is pronounced
differently, but for the purposes of registration there is no "correct"
pronunciation when it comes to assessing whether confusion would be
considered likely.



Sincerely,

Ed Timberlake
*Board Certified Specialist in Trademark Law
<https://www.nclawspecialists.gov/for-the-public/find-a-board-certified-specialist/results/detail/?id=29473>*

*Timberlake Law* <http://timberlakelaw.com/>
Chapel Hill, NC

Schedule a call on Clarity <https://clarity.fm/edtimberlake>
ed at timberlakelaw.com
919.960.1950








On Mon, May 13, 2024 at 3:54 PM Dale Quisenberry via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> I feel like there has been some discussion about trademarks without
> vowels, but am not finding it.
>
>
>
> An example is an application is filed on TMBLR
>
>
>
> Suppose a registration already exists for TUMBLER for the same
> goods/services.
>
>
>
> Has anyone encountered a similar situation?  Will the Examiner issue a
> likelihood of confusion refusal?  Are you aware of any cases in this area?
>
>
>
> Thanks!
>
>
>
> Dale
>
>
>
> C. Dale Quisenberry
>
> Quisenberry Law PLLC
>
> 13910 Champion Forest Drive, Suite 203
>
> Houston, Texas 77069
>
> (832) 680.5000 (office)
>
> (832) 680.1000 (mobile)
>
> (832) 680.5555 (facsimile)
>
> www.quisenberrylaw.com
>
>
>
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