TTABlog Test: Is SNOWY THE MOUSE for Plush Toys Confusable with SNOWY for Stuffed Toys?

Hey kids, here's one for you! The USPTO refused to register the mark SNOWY THE MOUSE for "plush toys; jigsaw puzzles" [MOUSE disclaimed], concluding that confusion is likely with the registered mark SNOWY for "stuffed toys." Applicant Farm to Fun argued that SNOWY is descriptive of an owl and, based on registrant’s specimen of use, SNOWY is used as the name of an “Animated Snowy Owl,” not a stuffed toy. Now, even a child can tell an owl from a mouse! How do you think this appeal came out? In re Farm to Fun LLC, Serial No. 98753836 (September 14, 2026) [not precedential] (Opinion by Judge Wendy B. Cohen).

Since "stuffed toys" are also known as "plush toys," the involved goods are in-part identical. The Board presumed that these identical goods travel through the same channels of trade to the same classes of consumers. These factors "not only weigh heavily in favor of finding a likelihood of confusion but also reduce the degree of similarity between the marks necessary to find a likelihood of confusion."

Farm to Fun seemed to claim that the proposed mark is famous, based on "industry recognition," but proof was lacking. However, "[e]ven if Applicant had established that its own mark is famous, that alone would not support registration of the mark." That is, 'fame of either mark increases the likelihood of confusion by making it more likely that purchasers will remember the famous mark and think of it when encountering similar goods sold under a similar mark. Of course, such likelihood of confusion is only a reason to refuse a new registration, not grant one."

As to Farm to Fun's arguments regarding the descriptiveness of SNOWY, the Board must presume that the cited mark is at most suggestive of the goods. "[A]n attack on the validity of registrant’s registration . . . is not permitted in an ex parte appeal proceeding." And even if the cited mark is "inherently weak, that is not fatal to a finding of likelihood of confusion because even weak marks are entitled to protection against confusion."

With regard to argument that registrant's specimen of use was improper (showing an animated owl, not a stuffed toy), "Applicant did not submit a copy of the specimen during prosecution and we do not take judicial notice of a registration file in an ex parte appeal." Moreover, "a claim that a . . . specimen of use does not demonstrate trademark usage would be an impermissible collateral attack on the cited registration."

Turning to the marks, the Board observed that "[g]enerally, first terms in marks tend to contribute more than terms that follow in creating a mark’s commercial impression, especially when the following terms are disclaimed, descriptive terms, as in the case of the term MOUSE in Applicant’s mark." "Although Applicant’s mark contains additional terms, the dominant portions of the marks are identical in appearance, sound, connotation and commercial impression."

Applicant’s and Registrant’s broadly identified goods encompass legally identical stuffed or plush toys and the general impression conveyed by both Applicant’s mark SNOWY THE MOUSE and the cited mark SNOWY is likely to be that of a stuffed toy—possibly a stuffed mouse—named “Snowy.”

Farm to Fun's reliance on its intended use of SNOWY THE MOUSE as a character name "used across books, animation, toys, puzzles and digital media" and on registrant’s purported actual use as a descriptive term for “a single toy product” missed the mark. "The relevant comparison is between the marks as they appear in the application and registration, not on extrinsic marketplace uses."

The Board concluded that, "when comparing the marks overall, they are similar in sound, appearance, connotation and commercial impression." None of the DuPont factors supported Farm to Fun's position, and so the Board affirmed the refusal.

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TTABlogger comment: Well, kids, how did you do? Would you have appealed?

Text Copyright John L. Welch 2026.