TTAB Reverses VERSAMAX Section 2(d) Refusal: Applicant's Specific Tractors not Related to Trailers, Purchasers Careful

Once in a while (one out of ten), the Board reverses a Section 2(d) refusal. Here, the Board overturned a refusal of VERSAMAX for “Tractors, namely, industrial, multifunction hydraulic prime movers for vegetation management, snow removal, street sweeping and asphalt repair,” concluding that the mark is not likely to cause confusion with the registered mark VERSAMAXX for "Trailers; Cargo trailers; Flatbed trailers; Lowbed trailers; Dump trailers; Tractor trailers; Equipment trailers; Bulk hauling trailers; Gooseneck trailers; Heavy haul transport carrier vehicles in the nature of trailers for transporting land vehicles, namely, lowboys, drop decks, double drop decks, flat decks and tag trailers." The "high degree of purchaser care," coupled with the lack of proof that applicant's specific type of tractors are related to the “trailers” identified in the cited registration, led to the result. In re ATMAX Equipment Co., Serial No. 98192874 (October 16, 2025) [not precedential] (Opinion by Judge Mark A. Thurmon).

The "central point" in this appeal concerned this question: "What constitutes a relevant relationship between the goods?" The Board's decision in Thor Tech [TTABlogged here] "makes it clear that complementary goods are not always related in a way that increases the likelihood of confusion. What matters is whether the relevant consumers of the goods are accustomed to seeing both types of goods sold under a single mark."

When the evidence shows that most producers of the goods do not sell both types of goods under a single mark, relevant consumers will have no reason to assume a connection, even when identical marks are used. This teaching was a central point of our Thor Tech decision.

Following Thor Tech, the Board must focus on the goods as identified in the application. Here, the Examining Attorney "relied on evidence of tractors, that is, of any kind of tractor. That was error, given that Thor Tech teaches the evidence must match the specific goods identified in the Application."

The Board noted that there was evidence of only three manufacturers offering both a tractor arguably within the scope of applicant's identification and a trailer sold under the same mark. "In view of the uncertainty whether these tractors even fall within the scope of the identification, we find that these three examples are insufficient to prove that “industrial, multifunction hydraulic prime movers” are related to trailers."

We cannot sufficiently determine, therefore, which of the tractors in the record are actually of the same type of those identified in the Application, a key requirement as our Thor Tech precedent makes clear. The burden of supporting the refusal falls on the Trademark Examining Attorney, and without evidence of relevant goods, we cannot make a reasoned determination of what relevant consumers are accustomed to seeing in the market. 

In sum, the Office failed to show that the goods are related. "Most of the evidence is not sufficiently tailored to the actual goods identified in the Application. Other evidence tends to show that differently branded tractors and trailers are common."

Given this record, we reach a similar conclusion to that reached in Thor Tech. The specific type of tractors identified by Applicant have not been shown to be related to the “trailers” identified in the cited Registration. The second DuPont factor weighs against a finding that confusion is likely.

Turning to the fourth DuPont factor, the Board acknowledged that it must consider “the least sophisticated potential purchasers,” In re FCA US LLC, (Ser. No. 85650654) 2018 TTAB LEXIS 116, *29. Nonetheless, it found that the relevant consumers "are likely to exercise great care when making purchasing decisions, thus significantly reducing the risk of confusion."

And so, the Board reversed the refusal to register.

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TTABlogger comment: You can't always connect your tractors with your trailers.

Text Copyright John L. Welch 2025.