[E-trademarks] Trademarks without vowels

[Laura Geyer]

Dale - I don't have one offhand to give you, but the PTO will absolutely issue 2(d) refusals in marks without vowels that are similar to the be-voweled versions. It's a standard 2(d) analysis - TMBLR and TUMBLER will be treated as nearly matching so if they were for the same/closely related etc goods/services. In an individual analysis, think of how the words would be pronounced. TMBLR and TUMBLER are going to be pronounced nearly the same and there's only two letters of difference when the words are side by side. The same analysis applies to acronyms and alphabetisms. Where something would be pronounced by "letter" - the FBI, for example, is pronounced "eff-bee-eye" and not "fibee" and a 2(d) analysis would take that into account.

In fact, dumping a vowel or two is going to be less differentiating because that is so often a "whimsical" thing people do to words to make them look a little different. I would imagine that KRISPY KREME would object to a doughnut purveyor using KRSP KRM.


Laura Talley Geyer | Of Counsel

ND Galli Law LLC
1200 G Street, N.W., Ste 800
Washington, DC 20005
Tel: (202) 599-9019 (direct)
https://ndgallilaw.com/laura-geyer/
https://ndgallilaw.com/

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Dale Quisenberry via E-trademarks
Sent: Monday, May 13, 2024 3:54 PM
To: Crane, Susan via E-trademarks <e-trademarks at oppedahl-lists.com>
Cc: Dale Quisenberry <dale at quisenberrylaw.com>
Subject: [E-trademarks] Trademarks without vowels

EXTERNAL EMAIL
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
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