TTABlog Test: Is TRU SUPPORT COMFORT YOU CAN FEEL for Clothing Confusable with TRUSUPPORT for Bras?

The USPTO refused to register the mark TRU SUPPORT COMFORT YOU CAN FEEL for footwear and clothing, including footwear, jackets, pants, t-shirts, sweatshirts, dresses, and hosiery, concluding that confusion is likely with the registered mark TRUSUPPORT for "bras." The goods are different, the marks are different, and the cited mark has "some conceptual weakness." How do you think this appeal came out? In re Columbia Insurance Company, Serial No. 98848901 (October 7, 2026) [not precedential] (Opinion by Judge Jessica B. Bradley).

The Board began by considering the strength of the cited mark. Applicant argued that the term TRUSUPPORT is entitled to only a narrow scope of protection in light of "widespread use and registration of ‘TRU’-formative trademarks in connection with bras,” and given that “the term ‘SUPPORT’ is descriptive of a key feature of bras and is routinely disclaimed in registrations covering bras." However, Applicant did not submit any evidence of marketplace use, and therefore the Board declined to considerer the commercial strength of TRUSUPPORT.

As for conceptual strength, five third-party registrations for bras, with the word "support" disclaimed, together with a definition of “support” (“something that holds up or serves as a foundation or prop), led the Board to find that the term “support” in the cited mark "has some conceptual weakness in relation to Registrant’s bras." 

Turning to the marks, the Board agreed with Examining Attorney Heather Kennedy that TRU SUPPORT is the dominant element in applicant's mark. The addition of “Comfort You Can Feel” "reinforces the message of physical support conveyed by the Cited Mark TRUSUPPORT." Furthermore, applicant could display its mark in a way that prominently emphasizes the term TRU SUPPORT.

[C]onsumers are accustomed to seeing messaging of “support” and “comfort” together both in relation to Applicant’s goods and Registrant’s goods which reinforces the overall similarity in meaning and commercial impression. As such consumers are likely to view “Comfort You Can Feel” as merely an additional informational or laudatory slogan added to the Cited Mark rather than as a distinguishing element.

The Board concluded that "[a]pplicant’s addition of the phrase 'Comfort You Can Feel' to Registrant’s mark TRUSUPPORT “do[es] little to alleviate confusion."

Applicant pointed to two prior Board decisions that found identical or nearly identical marks not confusable - CROSSOVER/CROSS-OVER for sportswear and bras, and PLAYERS for shoes and underwear - but the Board was unmoved, distinguishing them on the facts and observing once again that each case must be decided on its own record.

[T]he evidence in this case shows that the current retail environment for clothing and bras has changed since the time the Board decided these cases -- in particular given the advent of widespread internet shopping -- and the record here demonstrates the similarity of the goods, trade channels and consumers.

Evidence of 20 third-party registrations supported the relatedness of the involved goods, along with ten third-party websites that offer one or more of the articles of clothing included in Applicant’s identification of goods, under the same mark as bras. The Board agreed with the examining attorney that:

"the evidence clearly establishes that both bras and other clothing items, including applicant’s tops, bottoms, dresses, coats, hosiery, and footwear, are commonly produced by the same manufacturer, and are marketed to the same consumers, under the same mark, and through the same websites, thus establishing a very close relatedness between bras and [Applicant’s applied-for] clothing." ("applied-for" clothing? - ed.).

Accordingly, the Board concluded that the first, second, and third DuPont factors favored a finding of likelihood of confusion. "The Cited Registration has some conceptual weakness, but this does not outweigh the other factors or alter our conclusion that confusion is likely."

And so, the Board affirmed the refusal.

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TTABlogger comment: Do you think confusion as to source is likely in the real world?

Text Copyright John L. Welch 2026.