The USPTO properly refused to register ARTISAN NY for clothing because, like the registered mark ARTESANO NEW YORK CITY, the proposed mark conveyed the impression of clothing made by skilled tradespersons in New York.

Substantial evidence supported the USPTO’s refusal to register the mark ARTISAN NY, for clothing, on likelihood of confusion grounds, the U.S. Court of Appeals for the Federal Circuit has held. Despite minor distinctions in spelling and pronunciation between the proposed mark and the previously registered mark ARTESANO NEW YORK CITY, for similar goods, the overall commercial impression of both marks was that of clothing made by skilled tradespersons in New York. In addition, any weakness of the individual terms ARTISAN/ARTESANO and NY/NEW YORK was insufficient to demonstrate that the combination ARTESANO NEW YORK CITY was weak and entitled to limited protection (In re JS ADL, LLC, July 11, 2019, Lourie, A.).

Case date: 11 July 2019
Case number: No. 2018-2017
Court: United States Court of Appeals, Federal Circuit

A full summary of this case has been published on Kluwer IP Law.


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