2002 Dang (post-remand) 1103(granted)
Cited mark | Registered mark at issue |
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[Similarity of the marks]
1. Pronunciation and concept
Both marks consist of a single dog figure. Each can be referred to as a dog and evokes that concept, supporting similarity in sound and meaning.
2. Appearance
Both graphics show the side profile of a slender dog standing on four legs and facing forward. Differences in color and tail position did not overcome their similar overall impression.
Ordinary consumers of the goods were not assumed to distinguish the particular dog breeds. The similar marks and overlapping goods could therefore cause confusion as to source.
[Decisions]
The marks were similar in appearance, pronunciation and concept.
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