TTAB Enters Summary Judgment Dismissing EMPOWER Monogram Opposition: First DuPont Factor Dispositive

Opposer Inmode alleged that the "monogram" mark shown below is confusingly similar to its registered, standard character marks EMPOWERRF and EMPOWERRF BY INMODE, all for skin care treatment services. The Board granted Applicant Empower Aesthetics' motion for summary judgment and dismissed Inmode's Section 2(d) claim, finding the first DuPont factor to be dispositive. Inmode Ltd. v. Empower Aesthetics LLC, Opposition No. 91299827 (October 26, 2026) [not precedential].

In its application, Empower Aesthetics described its mark as consisting of “a monogram of the word ‘EMPOWER’ such that, in the monogram, a first letter ‘E’ is shown on the left side facing inward, a second letter ‘E’ is shown on the right side facing inward, a letter ‘R’ is shown inside of the first letter ‘E’, a letter ‘P’ is shown inside of the second letter ‘E’ facing inward and the letters ‘O’, ‘W’ and ‘M’ are shown on top of one other and in the center of the monogram.”

Opposer Inmode maintained that applicant’s characterization of the mark as “a monogram of the word ‘EMPOWER’” was an admission that the mark is a “stylized version of the word 'EMPOWER'" and therefore the “literal element of Applicant’s EMPOWER & Design Mark is identical to the dominant portion of" Opposer’s marks.

Empower Aesthetics responded that focusing on the description of the mark, instead of the drawing of the mark, is improper. The Board agreed: “A drawing depicts the mark sought to be registered.”

Here, while Applicant may have intended that its mark be made up of an arrangement or “monogram” of the constituent letters of the word “EMPOWER,” the arrangement of geometric shapes that make up the mark is so highly stylized and arranged so as to form what appears to be a portal-like configuration devoid of any literal component. Our determination of a mark’s likely connotation and commercial impression are based on the perspective of the consuming public, not an applicant’s intention.

The Board observed that "consumers will be unaware of Applicant’s description of its mark when encountering it in the marketplace."

[C]nsumers are highly unlikely to perceive Applicant’s mark as stylized wording, but instead may only perceive a stylized design with somewhat symmetrical arrangement of geometric shapes, some of which may resemble letters. Even if an average consumer recognized one or more letters in this drawing, it is highly unlikely that the average consumer could reorient and rearrange those letters to form the word “EMPOWER.” * * * Indeed, even knowing that the design is intended to contain the letters “E-M-P-O-W-E-R,” it is very difficult to parse the design and identify those letters, let alone place them in the order Applicant describes in the application.

In short, the Board found the marks to be "strikingly different in all aspects," and so it granted the motion for summary judgment.

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Text Copyright John L. Welch 2026.