TTABlog Test: Is THE SKIN MIXOLOGY for Skin Care Preparations Confusable with MIXOLOGY for Custom-Blended Body Products?

The USPTO refused to register the mark THE SKIN MIXOLOGY for various non-medicated skin care preparations, not including "custom-blended aromatherapy creams, lotions, oils, massage oils, or exfoliating body scrubs" [SKIN disclaimed], deeming confusion likely with the registered mark MIXOLOGY for "Custom-blended aromatherapy bath and body products, namely, creams, lotions, oils, massage oil, exfoliating body scrubs” What do you think were the chances of a reversal? In re SHM Ventures, LLC, Serial No. 99019667 (August 5, 2026) [not precedential] (Opinion by Judge Thomas L. Casagrande).

Applicant SHM Ventures, appearing pro se, got off on the wrong foot, arguing that the term “mixology” is “a conceptually weak and diluted term” in the “beauty field” or “skincare industry.” However, the evidence in support of that argument was attached to its appeal brief and was therefore untimely. The Board ignored it.

As to the marks, the Board found that the term MIXOLOGY dominates applicant's mark, since SKIN is disclaimed. "So while SKIN creates a visual and sound difference, we find it plays a relatively small role in the overall commercial impression of the mark THE SKIN MIXOLOGY." Applicant claimed that MIXOLOGY has a different connotation in the two marks and that its mark is anchored in the field of skin care. However, registrant's products are also in the skin care field, "[s]o adding SKIN to the term MIXOLOGY wouldn’t make the connotation of the registered mark different from that of the same term in Applicant’s mark."

Thus, while the marks are not identical, we find them to be very similar overall in that the term MIXOLOGY, which is the entirety of the registered mark, is the dominant element in creating the overall commercial impression of Applicant’s mark.

During prosecution, SMH Ventures tried to distinguish the goods by limiting its non-medicated skin care preparations to “facial and body moisturizers, serums, and toners” and adding the exclusionary language “none of the foregoing being custom-blended aromatherapy creams, lotions, oils, massage oils, or exfoliating body scrubs." However, the Board found that the goods still overlapped.

That’s because, while the application might exclude “custom-blended aromatherapy” versions of skin-care moisturizers, the product category “moisturizers” in the amended application covers moisturizers in any physical form, including cream form, lotion form, and oil form, so long as they are not “custom-blended aromatherapy” versions of those products. And the evidence of record shows that other skin care companies offer moisturizers (as in the application) in the form of creams, lotions, and oils (as in the registration).

The Board found that the goods are legally identical in part [I'm not sure how - ed]. "At minimum, they are closely related." The legally identical goods presumably travel in the same trade channels to the same classes of consumers.

In sum, none of the factors weighed in favor of applicant, and so the Board affirmed the refusal.

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Text Copyright John L. Welch 2026.