WYHA? TTAB Finds "WOW PRINTABLE COUPONS" Confusingly Similar to "WOW! MARKETING"
Applicant Elena Potoupa sought to register the mark WOW PRINTABLE COUPONS for promotional services featuring online downloadable coupons ["PRINTABLE COUPONS" disclaimed], but Examining Attorney Marcie R. Frum Milone refused registration under Section 2(d) in view of the registered mark WOW! MARKETING for advertising and marketing services and for dissemination of advertising online ["MARKETING" disclaimed]. Potoupa appealed. Would You Have Appealed? In re Elena Potoupa, Serial No. 78770813 (August 6, 2009) [not precedential].
The Board agreed with the Examining Attorney that the services involved are "essentially the same." Potoupa argued that she could find no use of Registrant's mark on the Internet and thus there could be no confusion, but the Board pointed out that this allegation is in essence an impermissible collateral attack on cited registrations.
Turning to the marks, the Board found the word WOW to be the dominant portion of each mark. Applicant focused on the specific differences between the marks, but the Board pointed out that these differences are "of no significance because ... our analysis is not a side-by-side comparison of the marks; rather, the focus is on the recollection of the average purchaser, who normally retains a general rather than a specific impression of trademarks." Therefore, the Board found the marks to be "substantially similar."
And so the Board affirmed the refusal.
TTABlog comment: Wow! What can I say? Perhaps Ms. Potoupa should consider a petition for cancellation?
Text Copyright John L. Welch 2009.