TTABlog Test: Is FLAT EARTH SURF CLUB Confusable with TERRA PLANA for Clothing?

The USPTO refused to register the mark FLAT EARTH SURF CLUB, in standard character form, for “hats; shirts” [SURF disclaimed], concluding that confusion is likely with the registered mark TERRA PLANA for "“footwear, namely, boots, shoes, sandals and slipper." The Board unsurprisingly found the goods to be related, but what about the marks? Would consumers stop and translate "terra plana" (Portuguese) to "flat earth"? In re Dean Severson, Serial No. 98118905 (February 6, 2026) [not precedential] (Opinion by Judge Catherine Dugan O'Connor).

The Examining Attorney argued that the dominant part of Applicant’s mark, FLAT EARTH, is the foreign equivalent of the Cited Mark TERRA PLANA, contending that "terra plana" means "flat earth' in Portuguese, a common modern language. Applicant Severson maintained that the doctrine of foreign equivalents does not apply in this case. The Board agreed with Severson, concluding that the ordinary American purchaser would not translate the cited mark.

First, American consumers, even non-Portuguese speakers, would be familiar with the word “terra,” which appears in English language dictionaries. These dictionaries show that “terra” has meaning in English both as a standalone word and as part of phrases like “terra cotta” and “terra firma.” This supports a finding that consumers would take the phrase “terra plana” as it is and not stop and translate it. *** Second, contrary to the Examining Attorney’s contention, the evidence does not show that the translation of TERRA PLANA in Portuguese to FLAT EARTH in English is direct and literal. [The Office's evidence showed "terra plana" as being translated as "flat earth" and "flat land."]

Comparing the marks, the Board observed that they have different connotations and commercial impressions (noting the incongruity and nonsensical connotation of applicant's mark) and "are not at all similar in appearance or sound because they do not share any of the same words or any words that have similar letters or sounds."

And so, the Board reversed the refusal to register.

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TTABlogger comment: In the DANKE/MERCI case, the Board applied the doctrine of equivalents, even though the two words are found in English dictionaries. Arguably, consumers would not translate the two recognized terms, but take them "as is."

Text Copyright John L. Welch 2026.