TTABlog Test: Is YOGUT for Freeze-Dried Yogurt-Based Snacks Confusable with YOURGUT for Yogurt?

The USPTO refused to register the mark YOGUT for "Freeze-dried yogurt-based snack," on the ground of likelihood of confusion with the registered mark YOURGUT for "yogurt." Applicant Mira International Foods argued that the “YO” portion of its mark will be seen as the Spanish word for “I” or “me,” and thus consumers will read its mark as “I am stomach.” Examining Attorney Amanda Miller contended that consumers will likely read the mark as a misspelled version of “your gut." How do you think this came out? In re Mira International Foods, Inc., Serial No. 98465558 (January 12, 2026) [not precedential] (Opinion by Judge Thomas L. Casagrande).

The Board agreed with the Examining Attorney: "We see nothing in the record, nor is there anything about Applicant’s identified goods (freeze-dried yogurt-based snacks), that would prompt consumers to read the first portion of Applicant’s single-term mark as a Spanish word and the second half as an English word." 

Because the marks have identical suggestive meanings and connotations and are similar in visual appearance and sound, we find that, overall, they create very similar commercial impressions. Thus, in our final weighing we will count the first duPont factor as favoring a conclusion that confusion is likely.

The Board observed that "[t]he more consumers see companies selling certain non-identical goods under one mark, the more they tend to see those goods as related in the sense that matters for potential source confusion." The Examining Attorney submitted evidence that several companies "do just that" at their websites.

Based on the descriptions of the respective goods in the application and registration and on the evidence of third-parties selling both types of goods under one brand, we find the goods to be related. This important factor will also count in favor of a conclusion that confusion is likely when we conduct our final factor-weighing.

That same evidence also showed that the trade channels overlap.

Here, the marks are very similar and the goods are related. As we mentioned earlier, these both are important factors. The trade channels overlap, too, though this is not as weighty a consideration in this case. With all three factors addressed on appeal pointing towards a conclusion that confusion is likely, we have no difficulty on this record so concluding.

And so, the Board affirmed the refusal to register.

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Text Copyright John L. Welch 2026.