TTABlog Test: Is LIVIA JOLIE for Clothing Confusable with LIVIA & Design for Beachwear?

The USPTO refused to register the mark LIVIA JOLIE for "Dresses; Pants; Shirts; Shorts; Skirts; Tops as clothing; Clothing jackets" [JOLIE disclaimed], concluding that confusion is likely with the mark shown below, for "beachwear, bathing suits." Applicant argued, inter alia, that its mark conveys a different commercial impression due to the use of the French word JOLIE, which evokes associations with French fashion and design, and that the actual trade channels and customers do not overlap. How do you think this came out? In re Maya Brooke Inc., Serial No. 98758658 (June 4, 2026) [not precedential] (Opinion by Judge Jennifer L. Elgin).

The Board found the cited mark to be inherently distinctive, noting that, even if LIVIA is a given name, "such marks are not per se regarded as lacking conceptual or inherent strength." In an attempt to show commercial weakness, applicant cited nine third-party registrations, but the Board pointed out that without evidence of the extent of use of those marks, the registrations are of minimal probative value.

Only five of the registrations were potentially probative as to conceptual weakness of the cited mark – ALIVIA FORD, ALIVIA, ELIVIA & CO., ALIVIA SIMONE, and OWLIVIA (Stylized). "Although these registrations have some probative value to show that LIVIA is a given name, they do not show any connection between the mark and the registered clothing goods – that is, the mark is arbitrary and conceptually strong as applied to these goods."

As to the involved marks, the Board observed that "LIVIA is the leading term in Applicant’s mark and the only term in the cited mark, a factor which "makes 'the marks similar.'" Moreover, applicant’s mark incorporates the cited mark in its entirety, a fact that often leads to a finding of similarity. And even if it's true that the term JOLIE evokes French fashion, "some consumers – particularly those familiar with the cited mark – are likely to believe the marks are related" - for example that applicant’s goods under the mark LIVIA JOLIE are a product line extension of registrant’s goods.

Discounting the impact of the stylization in the cited mark and the box around the literal portion, the Board found that the marks, "considered in their entireties, are similar in sight, sound, meaning, and overall commercial impression."

As to the goods, Examining Attorney Marianne Strassle submitted third-party evidence showing that same entity commonly provides applicant’s and registrant’s clothing items under the same mark. Moreover, it found that the goods overlap:

We take judicial notice that “beachwear” in the cited registration means “clothing for wear at a beach.” This broad identification, therefore, overlaps with the narrower identification in Applicant’s application, including “Shirts; Shorts; … Tops as clothing….” We find that the goods are legally identical in part.

The overlapping goods are presumed to travel in the same trade channels to the same classes of consumers. As to the merely related goods, the third-party internet evidence demonstrated that "the trade channels include stores or websites that sell clothing, and supported a finding that the trade channels and consumers of the relevant goods overlap." Applicant's argument about actual channels of trade was unsupported by evidence and, in any case, "actual channels are not material to the [Board's] analysis because [it] must presume all possible, not just actual, channels of trade."

Since all the relevant DuPont factors weighed in favor of likely confusion, the Board affirmed the refusal.

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TTABlogger comment: I don't think a person should be able to register a given name and then preclude others from registering their full name.

Text Copyright John L. Welch 2026.