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Articles Tagged with Likelihood Of Confusion -One Du Pont Factor Can Be Dispositive

Applicant sought to register a standard character mark, SQUEEZE JUICE COMPANY for fruit and vegetable juices, smoothies, juice bar services, smoothie bar services, and cafe services. Applicant received a refusal as to both classes due to a likelihood of confusion with the cited registration, SQUEEZE in stylized lettering with a design of a goblet and a lemon being squeezed above the goblet, compare the marks. The cited registration identified juice bar services and bar services. The applicant appealed the refusal and the Trademark Trial and Appeal Board (the “Board” or the “TTAB”) reversed the refusal. See In re Boston Juicery, LLC, Serial No. 86877537 (August 21, 2018) [not precedential].

Both applications cited “juice bar services” therefore the services are identical in part. In addition, the Examining Attorney produced third-party website evidence that demonstrated that juice is commercially related to juice bar services. Since the services are identical, there is a presumption that the consumers and the trade channels are the same. Therefore, the two du Pont factors, of relatedness of the goods and services, and the similarity of the trade channels favor a finding of likelihood of confusion.

Next the Board evaluated the marks. It held that the design element only emphasized the literal meaning of the term “Squeeze.” The large lettering of the literal term “Squeeze” in Registrant’s mark causes the trademarks to be similar in sound, appearance, meaning and commercial impression. Both marks communicate the message that the goods and/or services will include freshly squeezed juice. This factor also weighs in favor of finding a likelihood of confusion. This case is unusual because once a determination is made that the marks are very similar, the goods and/or services are related, and the trade channels are the same, it is unlikely that the Board will reverse a 2(d) refusal based on the other du Pont factors. Here a single du Pont factor is dispositive, outweighing the other factors.

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