TTABlog Test: Is HIBOU BLANC Confusable with THE WHITE OWL CANDLE COMPANY for Candles?

The USPTO refused to register the mark HIBOU BLANC for "“candles; scented candles; scented soy candles; melt tarts, namely, scented wax to be melted slowly with a warmer," deeming confusion likely with the registered mark THE WHITE OWL CANDLE COMPANY for “candles; candle contained in a clamshell; scented candles; soy candles" [CANDLE COMPANY disclaimed]. Applicant Leo G. Bressette conceded that goods are identical in-part. Examining Attorne Claudia A. Kopenski, maintained that HIBOU BLANC is French for “WHITE OWL," but Bressette argued that HIBOU "is not a common English loanword, is absent from standard English usage, and is unlikely to be recognized or translated by ordinary purchasers" and so "consumers will perceive HIBOU BLANC as a foreign-language brand name, not as the literal equivalent of 'white owl.'" How do you think this appeal came out? In re Leo G Bressette, Serial No. 99020217 (October 28, 2026) [not precedential] (Opinion by Judge Catherine Dugan O'Connor).

The Federal Circuit held in Vetements that "words from modern languages are generally translated into English," and "unless it is unlikely that the ordinary American purchaser would stop and translate the word into its English equivalent, the doctrine of foreign equivalents applies."

French is a modern foreign language spoken by more than 1.2 million Americans. Various dictionaries translate HIBOU as OWL and BLANC as WHITE. The Board concluded that an "appreciable number" of U.S. consumers would know that HIBOU BLANC translates to WHITE OWL in English. 

[Note: the number of French speakers who will "stop and translate" HIBOU BLANC pales in comparison to the number of consumers who would have no clue regarding its meaning. In an infringement action, if the plaintiff showed that such a small percentage of US consumers would be confused, what do you think would be the outcome? - ed.]

The Board brushed aside Bressette's assertion that HIBOU is not a common word and would not be translated, pointing out that Bressette's argument was topsy-turvy: if HIBOU were a word commonly known in English (like croissant or fiesta), there would be no need to translate it. "[T]he threshold inquiry is not whether the non-English wording is common or present in English as a 'loanword,' but rather whether an ordinary American purchaser would stop and translate it."

Bressette cited the Palm Bay decision, which declined to translate VEUVE ROYALE when considering confusing similarity with the opposer’s mark THE WIDOW because "it [was] improbable that the average American purchaser would stop and translate 'VEUVE' into 'widow.'" 396 F.3d at 1377. The Board, however, found the cases distinguishable: 

The evidence here supports a finding that an appreciable number of Americans are capable of translating the wording HIBOU BLANC into WHITE OWL in English. Contrary to Applicant’s suggestion, there is no evidence that the words in his mark are "obscure or not widely recognized" or that they would be considered "as a distinctive foreign expression rather than as a translatable phrase."

Turning to the marks, the Board unsurprisingly found that WHITE OWL is the dominant term in the cited mark. "Comparing the marks in their entireties in view of the applicable legal principles, including that a lesser degree of similarity of the marks is needed for confusion to be likely when the goods are literally or legally identical, we find that the marks are similar in connotation and overall commercial impression and the first DuPont factor favors a likelihood of confusion."

The Board found the fourth, fifth, and eighth DuPont factors to be neutral, and none of the factors favored applicant.

Read comments and post your comment here.

TTABlogger comment: Take a look at applicant's brief [pdf here]. Do you think it was a creation of AI? Do you think it matters to the Board that it had to plow through 16 pages of argument that was largely off-base?

Text Copyright John L. Welch 2026.