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Bottom line: The Board found stylization of “MAXIMUM” enough to overcome confusingly similarity refusal.

The applicant applied for the mark shown immediately below for T-shirts and polo shirts in Class 25.  The examiner refused registration on the ground of confusing similarity with transliteration of “MAXIMUM” in katakana for various clothing items in Class 25.  The examiner found both marks share sound and connotation in common.

<Applied-for mark>

<Cited mark>

(transliteration of “MAXIMUM” in katakana)

The Appeal Board reversed the examiner’s refusal because one may see the applied-for mark and understand it consists of Latin alphabets in cursive script, but it is not immediately obvious from the applied-for mark what word is written.  Therefore, the Board disagreed with the examiner in that the applied-for mark is recognized as stylized MAXIMUM and bears sound and connotation derived from this term.  The Board found no other reason to recognize the applied-for mark as stylized MAXIMUM and decided that the two marks are not confusingly similar.

And so the applied-for mark was registered and coexist with transliteration of “MAXIMUM” in katakana.

 

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