98713935•Matthew Sinnreich
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This Opinion is Not a Precedent of the TTAB Mailed: July 7, 2026 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ In re Matthew Sinnreich _____ Serial No. 98713935 _____ Mark Terry of Mark Terry, P.A., for Matthew Sinnreich. Catherine Lee, Trademark Examining Attorney, Law Office 110, Loksye Lee Riso, Managing Attorney. _____ Before Goodman, Larkin and Lavache, Administrative Trademark Judges. Opinion by Goodman, Administrative Trademark Judge: Matthew Sinnreich (“Applicant”) seeks registration on the Principal Register of the mark for “Hats; Pants; Shirts; Shorts; Socks; Collared shirts; Polo shirts; T-shirts; Tops as clothing” in International Class 25.1 1 Application Serial No. 98713935 was filed on August 23, 2024, based upon use in commerce under Section 1(a) of the Trademark Act, 15 U.S.C. § 1051(a), alleging June 25, 2024 as the date of first use and first use in commerce. The description of the mark in the application states “The mark consists of the word ‘BLANCO’ in stylized font.” Color is not claimed as a feature of the mark. The application includes a translation statement: “The English translation of ‘BLANCO’ in the mark is ‘WHITE.’”
Serial No. 98713935 - 2 - The Trademark Examining Attorney has refused registration of Applicant’s mark under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), on the ground that Applicant’s mark is likely to cause confusion with the Principal Register mark BLANCO LABEL (in standard characters, LABEL disclaimed) for “Clothing, Namely, Shirts, Pants, Sweatpants, Jeans, Sweatshirts, Bandanas, Hats, Shoes, Sox, Vests, Sweaters, Scarves, Pajamas, Sleepwear, Rain wear, Blouses, headbands, Belts for Clothing, Hosiery, Swimwear” in International Class 25.2 When the refusal was made final, Applicant appealed and requested reconsideration. After the Examining Attorney denied the request for reconsideration, the appeal was resumed. We affirm the refusal to register. I. Likelihood of Confusion Section 2(d) of the Trademark Act prohibits registration of a mark that so resembles a registered mark as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion, or to cause mistake, or to deceive. Trademark Act Section 2(d), 15 U.S.C. § 1052(d). Our determination of likelihood of confusion under Section 2(d) is based on an analysis of all probative facts in the record that are relevant to the likelihood of confusion factors set forth in In re Page references to the application record are to the .pdf version of the USPTO’s Trademark Status & Document Retrieval (TSDR) electronic database. References to the briefs on appeal refer to the Board’s TTABVUE docket system. Applicant’s appeal brief is at 6 TTABVUE; the Examining Attorney’s brief is at 8 TTABVUE. Applicant attached evidence to his brief that was made of record during prosecution. This was unnecessary and duplicative. 2 Registration No. 3558984, issued January 6, 2009, renewed, alleging October 1, 2006 as the date of first use and first use in commerce. The registration includes a translation statement: ‘“The English translation of the word ‘BLANCO’ in the mark is ‘WHITE.’”
Serial No. 98713935 - 3 - E.I. du Pont de Nemours & Co., 476 F.2d 1357, 1361 (CCPA 1973) (“DuPont”). See also In re Majestic Distilling Co., 315 F.3d 1311, 1315 (Fed. Cir. 2003). We consider each DuPont factor for which there is evidence and argument. See, e.g., In re Guild Mortg. Co., 912 F.3d 1376, 1379 (Fed. Cir. 2019); In re Country Oven, Inc., No. 87354443, 2019 TTAB LEXIS 381, at *2. In every Section 2(d) case, two key factors are the similarity or dissimilarity of the marks and the goods or services. See In re i.am.symbolic, llc, 866 F.3d 1315, 1322 (Fed. Cir. 2017); Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1165 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 1103 (CCPA 1976) (“The fundamental inquiry mandated by § 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”). These factors, and others, are discussed below. A. Similarity or Dissimilarity of the Goods The second DuPont factor considers “[t]he similarity or dissimilarity and nature of the goods or services as described in an application or registration.”3 DuPont, 476 F.2d at 1361. See also In re Charger Ventures LLC, 64 F.4th 1375, 1383 (Fed. Cir. 2023) (“The relevant inquiry in an ex parte proceeding focuses on the goods and services described in the application and registration.”). It is sufficient for a finding of likelihood of confusion if relatedness is established for any item encompassed by the identification of goods within a particular class in the application or registration. 3 Applicant makes no argument directed to the relatedness of the goods.
Serial No. 98713935 - 4 - See Tuxedo Monopoly, Inc. v. Gen. Mills Fun Grp. Inc., 648 F.2d 1335, 1336 (CCPA 1981). To reiterate, Applicant’s goods are hats; pants; shirts; shorts; socks; collared shirts; polo shirts; t-shirts; tops as clothing. Registrant’s goods are clothing, namely, shirts, pants, sweatpants, jeans, sweatshirts, bandanas, hats, shoes, sox, vests, sweaters, scarves, pajamas, sleepwear, rain wear, blouses, headbands, belts for clothing, hosiery, swimwear. The goods are identical in part as to hats, pants, shirts, and socks/sox.4 B. Similarity or Dissimilarity of Trade Channels We next consider the “similarity or dissimilarity of established, likely-to-continue trade channels” and classes of consumers.5 DuPont, 476 F.2d at 1361. The classes of consumers for Applicant’s and Registrant’s goods are the general public. See e.g., In re Embiid, No. 88202890, 2021 TTAB LEXIS 168, *37 (citation omitted) (“ubiquitous, everyday products ‘are offered to all the normal potential 4 The Examining Attorney also provided twenty third-party registrations showing that Applicant’s hats, pants, shorts, and tops as clothing can be offered by registrants that offer, for example, sweatpants, swimwear, pajamas, and scarves. March 10, 2025 Office Action, pp. 17-53; December 15, 2025 Reconsideration Denied pp. 6-276. See, e.g., In re Albert Trostel & Sons Co., No. 74186695, 1993 TTAB LEXIS 36, at *7 (as a general proposition, third-party registrations that cover goods from both the cited registration and an applicant’s application are relevant to show that the goods are of a type that may emanate from a single source under one mark). Since the goods are identical in part, it was not necessary for the Examining Attorney to also provide additional evidence as to relatedness of other clothing items. Tuxedo Monopoly, 648 F.2d at 1336; In re FabFitFun, Inc., No. 86847381, 2018 TTAB LEXIS 297, at *5 (“In view of the identity of the recited [goods], there is no need for us to further consider the relatedness of the goods.”). 5 Applicant makes no argument directed to the trade channels.
Serial No. 98713935 - 5 - consumers for those goods, which would include ….’all members of the general public.’”). Because the goods are identical in part, we presume that the identical goods travel in the same channels of trade to the same class of purchasers. In re Viterra Inc., 671 F.3d 1358, 1362 (Fed. Cir. 2012) (even though there was no evidence regarding channels of trade and classes of consumers, the Board was entitled to rely on this legal presumption in determining likelihood of confusion).6 C. Similarity or Dissimilarity of the Marks Under the first DuPont factor, we consider the similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation, and commercial impression. Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee en 1772, 396 F.3d 1369, 1371 (Fed. Cir. 2005) (citing DuPont, 476 F.2d at 1361). Similarity in any one of these elements may be sufficient to find the marks confusingly similar. In re Davia, No. 85497617, 2014 TTAB LEXIS 214, at *4. “When marks would appear on virtually identical goods or services, the degree of similarity necessary to support a conclusion of likely confusion declines.” Century 21 Real Estate Corp. v. Century Life of Am., 970 F.2d 874, 877 (Fed. Cir. 1992). 6 In the December 15, 2025 Denial of Reconsideration (pp. 6-276), the Examining Attorney submitted retailer website evidence (J. Crew, American Eagle, Vineyard Vines, Michael Kors, and Old Navy) for the identical and related clothing items to show that those goods are offered in overlapping trade channels; however this was unnecessary given the legal presumption for the in part identical goods. Viterra, 671 F.3d at 1362.
Serial No. 98713935 - 6 - The test, under the first DuPont factor, is not whether the marks can be distinguished when subjected to a side-by-side comparison, but rather whether they are sufficiently similar in terms of their overall commercial impression that confusion as to the source of the goods or services offered under the respective marks is likely to result. Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1368 (Fed. Cir. 2012). The focus is on the recollection of the average purchaser, who normally retains a general, rather than specific, impression of trademarks. See Inter IKEA Sys. B.V. v. Akea, LLC, No. 91196527, 2014 TTAB LEXIS 166, at *17; Sealed Air Corp. v. Scott Paper Co., No. 91055167, 1975 TTAB LEXIS 236, at *6. “[I]n articulating reasons for reaching a conclusion on the issue of confusion, there is nothing improper in stating that, for rational reasons, more or less weight has been given to a particular feature of a mark, provided the ultimate conclusion rests on consideration of the marks in their entireties.” In re Nat’l Data Corp., 753 F.2d 1056, 1058 (Fed. Cir. 1985). Applicant’s mark is and the cited mark is BLANCO LABEL. The dominant portion of the cited mark is BLANCO because the term LABEL has been disclaimed and is entitled to less weight in the analysis. See In re Chatam Int’l Inc., 380 F.3d 1340, 1343 (Fed. Cir. 2004) (descriptive terms are properly given less weight); In re Dixie Rests., Inc., 105 F.3d 1405, 1407 (Fed. Cir. 1997) (generic disclaimed term café in mark given less weight in the analysis). In addition,
Serial No. 98713935 - 7 - BLANCO, as the initial word in the cited mark, is most likely to be impressed on consumers and remembered. See In re Detroit Athletic Co., 903 F.3d 1297, 1303 (Fed. Cir. 2018) (“The identity of the marks’ initial two words is particularly significant because consumers typically notice those words first.”); Presto Prods. Inc. v. Nice-Pak Prods., Inc., No. 91074797, 1988 TTAB LEXIS 60, at *8 (“it is often the first part of a mark which is most likely to be impressed upon the mind of a purchaser and remembered”). Applicant’s mark BLANCO (stylized) is subsumed within the cited mark, and where the entirety of one mark is incorporated within another, likelihood of confusion has frequently been found. See, e.g., In re Mighty Leaf Tea, 601 F.3d 1342, 1347-48 (Fed. Cir. 2010) (applicant’s mark ML similar to registrant’s mark ML MARK LEES); DowntownDC Bus. Improvement Dist. v. Clarke, No. 91275100, 2024 TTAB LEXIS 412, at *67-68 (DOWNTOWNDC DISTRICT OF FASHION similar to DISTRICT OF FASHION). As to the shared term BLANCO, the marks are identical in appearance, sound, connotation, and commercial impression.7 Applicant acknowledges that the marks “share the common term BLANCO” but argues that the second element in the cited mark, LABEL, creates “visual, audio, and connoted differences between marks,” in particular, differences in “the textual portions, visual appearance, and pronunciations” with the connotation and 7 As indicated infra, Applicant argues that BLANCO in his mark can have a variety of meanings. However, any of these meanings of BLANCO could be conveyed by either mark resulting in similar commercial impressions.
Serial No. 98713935 - 8 - commercial impression of a “luxurious brand identity” versus a “product line or a collection,” all of which should be given more weight.8 As to appearance, Applicant’s mark is in stylized form while the cited mark is in standard character form without a claim to any particular display. A standard character mark may be presented in any manner, including in the same size, font, and uppercase and lowercase letters as Applicant’s stylized mark. Trademark Rule 2.52(a), 37 CFR § 2.52(a). See, e.g., Citigroup Inc. v. Cap. City Bank Grp. Inc., 637 F.3d 1344, 1353 (Fed. Cir. 2011) (“If the registrant ... obtains a standard character mark without claim to any particular font style, size or color, the registrant is entitled to depictions of the standard character mark regardless of font style, size, or color....”) (internal quotation marks omitted). In arguing that the marks differ in appearance, Applicant points to his mark “consist[ing] of the word BLANCO in stylized font using cursive uppercase and lowercase font” while the cited mark uses a “standard upper-case font.” 9 8 6 TTABVUE 4, 5, 9. 9 6 TTABVUE 6-7. Applicant’s argument also mentions a design portion as another difference between the marks. 6 TTABVUE 6-7. However BLANCO is a stylized mark without a design element. Moreover, it is not so stylized or abstract that it would be difficult for consumers to discern it as the word BLANCO; as such, it appears as a literal element not as a design. Compare, e.g., In re TSI Brands, Inc., No. 75615925, 2002 TTAB LEXIS 270, at *18 (“[T]he degree of stylization and integration of the letters forming both of registrant’s ‘AK’ and design marks is so high that they are more properly treated, in our view, as being akin to pure design marks rather than simply stylized displays of word marks”; highly stylized AK marks not confusingly similar with AK American Khakis) with In re Instruteck Corp., 1974 TTAB LEXIS 266 , at *5 (no number in original) (although the marks containing the terms IC “were presented in different graphic displays,” the letters were readily discernible and would project this significance to individuals viewing them, notwithstanding additional word and design elements in registrant’s mark).
Serial No. 98713935 - 9 - However, the mere stylization of the word BLANCO in Applicant’s mark is insufficient to distinguish the respective marks. Squirtco v. Tomy Corp, 697 F.2d 1038, 1041 (Fed. Cir. 1983) (“[T]he argument concerning a difference in type style is not viable where one party asserts rights in no particular display. By presenting its mark merely in a typed drawing, a difference cannot legally be asserted by that party”). We must assume that the Registrant could display its standard character BLANCO LABEL mark in the same letter style in which BLANCO appears in Applicant’s mark. As to differences in appearance and sound, Applicant also argues that BLANCO is a two syllable, one word “stand-alone term,” consisting of six letters while BLANCO LABEL is a two word “compound expression,” having four syllables and 11 letters with “elongated” pronunciation.10 Applicant submits that “[t]he difference in phonetics is particularly important in the … apparel industry, where brand names are frequently spoken in advertisements, word-of-mouth recommendations, and product discussions.”11 Although there are differences in appearance and pronunciation between the marks due to the additional term LABEL in the cited mark, consumers do not focus on the number of syllables, letters, or words in each mark. See Fuji Jyukogyo K.K. v. Toyota Jidosha K.K., No. 91063523, 1985 TTAB LEXIS 31, at *8 (“Purchasers do not count letters when reacting to trademarks in the marketplace.”); In re John Scarne 10 6 TTABVUE 4, 5. 11 6 TTABVUE 5.
Serial No. 98713935 - 10 - Games, Inc., 1959 TTAB LEXIS 31, at *1 (no number in original) (“Purchasers . . . do not engage in trademark syllable counting – they are governed by general impressions made by appearance or sound, or both.”). Instead, the overall general impression of a mark is more important. Fuji Jyukogyo K.K., 1985 TTAB LEXIS 31, at *8. Applicant argues that the marks have “divergent meanings” where his mark “conveys a singular concept - whether as a surname, a geographic reference, or the Spanish word for ‘white’” while the cited mark conveys “a compound idea in which the term LABEL modifies the meaning of BLANCO” conveying the idea of “a sub- brand or a labeled series of goods.”12 Applicant argues that BLANCO (stylized) evokes a luxurious brand identity and “thoughts of penmanship, craftsmanship and high quality” while BLANCO LABEL evokes the impression of “a product line, a collection; or a branded tag.”13 However, BLANCO in both marks could evoke the same meaning (surname, geographic name, or Spanish word for white) and give the impression of the name of a clothing label or luxurious brand identity with Applicant’s BLANCO (stylized) mark being viewed merely as a variant of Registrant’s BLANCO LABEL mark. We find that the marks create similar commercial impressions. 12 6 TTABVUE 8-9. 13 6 TTABVUE 9.
Serial No. 98713935 - 11 - When we consider the marks and BLANCO LABEL in their entireties, we consider the less significant disclaimed descriptive wording LABEL in the cited mark. See In re Code Consultants Inc., No. 75645560, 2001 TTAB LEXIS 685 at *12 (disclaimed matter is often “less significant in creating the mark’s commercial impression”). But we find that this difference is not sufficient to overcome the overall similarities of appearance, sound, connotation, and commercial impression resulting from the initial shared term BLANCO, particularly in view of the fallible memories of consumers, who retain general impressions of trademarks. See In re St. Helena Hosp., 774 F.3d 747, 751 (Fed. Cir. 2014) (marks “must be considered . . . in light of the fallibility of memory” and “not on the basis of side-by- side comparison”) (quoting San Fernando Elec. Mfg. Co. v. JFD Elecs. Components Corp., 565 F.2d 683, 685 (CCPA 1977)). See also Charger Ventures, 64 F.4th at 1382 (“an additional … component may technically differentiate a mark but do little to alleviate confusion.”). Moreover, consumers have a “penchant” for shortening marks. See, e.g., In re Abcor Dev. Corp., 588 F.2d 811, 815 (CCPA 1978) (Rich, J., concurring) (“users of language have a universal habit of shortening full names—from haste or laziness or just economy of words”)). We find it likely that consumers would shorten BLANCO LABEL simply to BLANCO in verbalizing and recalling the cited mark.
Serial No. 98713935 - 12 - We find Applicant’s mark and the cited BLANCO LABEL mark are highly similar in appearance, sound, meaning and commercial impression. II. Conclusion The similarity of the marks, the goods, and the trade channels all weigh in favor of a conclusion that confusion is likely. Decision: The Section 2(d) refusal to register Applicant’s mark is affirmed.
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