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No. 107; Section 4-1-11: confusing similarity refusal;
POLE v. PAUL; Appeal No. 2014-7834 (July 30,
2014)
Bottom line: The Board found that POLE is not similar to PAUL.
The applicant filed
an application for POLE designating laundry detergents in Class 3. The examiner refused to register the mark,
citing an earlier registration for PAUL designating inter alia detergents and
laundry preparations in Class 3.
The Board analyzed
the two marks and found as follows:
The
applied-for mark is an English word meaning long rod and is pronounced
[po:-ru]. The cited mark is a male name
and is pronounced [po:-ru].
The two marks are
visually distinguishable due to the difference of the spelling. The sound of the marks are identical. And the marks are not similar semantically as
each mark has different meaning.
Overall, the marks share the same sound but are quite different in their
appearance and connotation. Accordingly,
the marks are not confusingly similar.
And so the Board
reversed the refusal and allowed coexistence of POLE and
PAUL.
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