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Bottom line: The Board found “LAHAINA logo” not confusingly similar to “LAHAINA”.

The applicant filed an application for “LAHAINA logo” shown below, designating clothing and headgear, etc. made in Hawaii in Class 25.  The examiner refused the application, citing a prior registration for “LAHAINA” in standard character designating clothing and headgear, etc. in Class 25.

<Applied-for mark>

The designated goods of the applied-for mark are related to those of the cited mark. So, the question is whether the applied-for mark is similar to the cited mark or not.

The Board analyzed the marks and found as follows:

- The applied-for mark is composed of arched “LAHAINA” in rainbow color, a design of a blue whale and “WE’RE BORN in LAHAINA. HAWAII” in blue.  The design of the blue whale has floral motifs in pink.  “WE’RE BORN in LAHAINA. HAWAII” is written in the smallest font.
- “LAHAINA” is a geographical name in Oahu, Hawaii, and is widely known as a sightseeing spot having many resort hotels, where tourists can enjoy snorkeling, golf, tennis, whale-watching, etc.  The tourists will buy clothing, headgear, swimwear, etc. made in Lahina to wear them during their stay in Lahina or as souvenir.
- Therefore, consumers and traders will find that “LAHAINA” indicates the place of origin or sales.  “LAHAINA” will not function as a source identifier even in the rainbow color because it is an ordinary representation.  Accordingly, the applied-for mark does not have sound of “LAHAINA” and the applied-for mark is not confusingly similar to the cited mark.

And so the Board reversed the refusal, and granted registration of “LAHAINA logo”.