Wednesday, August 17, 2005


From the get-go, you got the message that this appeal was going nowhere fast. The Board affirmed a Section 2(d) refusal to register the mark GET IN. GET OUT. GET GOING. for "retail convenience store services featuring convenience store items and fuel," finding it likely to cause confusion with the mark GET IN GET IT GET GOING, registered by Plaid Pantries, Inc. of Beaverton, Oregon, for identical services. In re Phoenix Intangibles Holding Co., Serial No. 76572153 (August 1, 2005) [not citable].

Not only were the involved services legally identical, but the Board found the marks to be "extremely similar in sound and appearance, and possibly even identical in meaning, when considered as a whole." It also found that "the commercial impression of the marks is the same."

Applicant argued that the registered mark was entitled to "very narrow and limited" protection in light of existing third-party registrations for GET-EM-N-GO; GET ON. GET OUT.; GET IN. GET OUT. GET ON WITH YOUR LIFE.; GET & ZIP; GET ON. GET IN. AND WIN!; and GET IN. GET OUT. GET AHEAD. The Board, however, found these registrations of little relevance since they either concerned services unrelated to convenience store services, or involved marks that were considerably different. Moreover, third-party registrations are not evidence of actual use of the marks shown therein, or that consumers are familiar with the marks.

Finally, Applicant lamely urged that its mark "will almost always appear" with the mark GETGO FROM GIANT EAGLE. Gettoutahere, the TTAB replied.

From the TTAB's viewpoint, it doesn't get any easier than this.

Text Copyright John L. Welch 2005


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