TTAB Test: Are these two "NWA" Marks Confusable for Clothing?

The USPTO refused to register the mark shown below, for "Hats; Sweatshirts; T-shirts," on the ground of likelihood of confusion with the registered mark NWA for "Clothing, namely, shirts, t-shirts, sweatpants, sweatshirts, track suits, hooded sweatshirts, long sleeve shirts, tank tops, hats, beanies, baseball caps, bandanas." The goods overlap and the overlapping goods are presumed to travel in the same channels to the same classes of consumers. But what about the marks? How do you think this came out? In re Malibu Shirts, Inc., Serial No. 98696754 (May 21, 2026) [not precedential] (Opinion by Judge Robert Lavache).

The Examining Attorney argued that the involved marks share the same dominant element, NWA. Applicant Malibu Shirts maintained that NORTHWEST AIRLINES "dominates the overall visual impression of the mark" and "introduces a distinct visual structure and additional textual content that alters the viewer’s focus and perception of the mark as a whole." Moreover, the marks differ in pronunciation, connotation, and commercial impression. According to Malibu:

[T]he inclusion of the words ‘NORTHWEST AIRLINES’ . . .immediately directs consumers to interpret the mark as identifying or evoking an airline or aviation-related entity,” specifically “an airline operating in or associated with the northwestern region.” Thus, according to Applicant, “[c]onsumers encountering [Applicant’s] mark on apparel would likely view the goods as promotional or commemorative merchandise tied to an airline or aviation-themed brand, rather than as general fashion items.”

The Board agreed with Malibu that "there are significant differences between the respective marks in terms of sound, appearance, connotation, and overall commercial impression."

[T]o the extent that NWA does create a unique impression in the minds of consumers, that impression is likely to be that NWA is an abbreviation, or initialism, of NORTHWEST AIRLINES. Thus, we find that purchasers with a general rather than specific impression of Registrant’s mark are at least as likely to focus on and remember the words NORTHWEST AIRLINES and the wing-like design elements, as they are the initialism NWA alone, which merely abbreviates NORTHWEST AIRLINES.

The wing-like design elements in Malibu's mark reinforces the impression that the mark “identif[ies] or evok[es] an airline or aviation-related entity” and that the goods are thus “promotional or commemorative merchandise tied to an airline or aviation-themed brand.” There was no evidence that consumers would perceive the same connotation when viewing the cited mark.

The Examining Attorney pointed out that the cited mark, registered in standard characters, may be presented in any font style, size, or color, including the same font style, size, and color of the NWA portion of Applicant’s mark. The Board acknowledged that this general proposition is true, but "applying that proposition in this case is of little consequence."

Even if the cited NWA mark were displayed in the relatively nondescript block capital letter font style featured in Applicant’s mark, we are not convinced that it would lead to confusion, given that Applicant’s mark has other differentiating elements that create a distinct commercial impression and that are not encompassed by Registrant’s standard-character claim.

Finding that the first DuPont factor outweighs the second and third factors, the Board reversed the refusal.

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Text Copyright John L. Welch 2026.