January 29, 2023

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TTABlog Test: Is “ELEPHANT LEARNING MATH ACADAMY” Confusable With “ELEPHANT GAMES” For Computer Game Software? – Trademark

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The USPTO refused to register the mark ELEPHANT Understanding&#13
MATH ACADEMY
for downloadable academic computer software applications&#13
[LEARNING and MATH ACADEMY disclaimed], acquiring confusion likely&#13
with the registered marks ELEPHANT Video games, in&#13
regular people and in the logo variety shown down below, for,&#13
inter alia, computer recreation software program and digital recreation&#13
application for cell phones [GAMES disclaimed]. Effectively, the goods&#13
overlap, but what about the marks? After the disclaimers,&#13
what’s remaining in every mark but “ELEPHANT”? How do you&#13
assume this came out? In re Elephant Studying, LLC, Serial No.&#13
90556090 (July 13, 2022) [not precedential] (Impression by Judge Cindy&#13
B. Greenbaum).

1212980a.JPG

Power of the Cited Marks: Applicant argued&#13
that ELEPHANT is a weak formative for computer software items, pointing&#13
to ten or so use-dependent registrations for marks made up of the word&#13
ELEPHANT (e.g., BUBBLES THE ELEPHANT, ELEPHANT TREASURES, and ASIAN&#13
ELEPHANT). “Potentially additional importantly, the two cited&#13
registrations and the previously mentioned third-bash registrations coexist with&#13
Applicant’s recent registrations for the marks ELEPHANT&#13
Mastering (Learning disclaimed) (Reg. No. 6178676)) and ELEPHANT AGE&#13
(Reg. No. 6047589).” In gentle of all these registrations, the&#13
Board concluded that the cited marks are entitled to “a&#13
to some degree narrower scope of security than that to which marks with&#13
inherently exclusive conditions usually are entitled.”

The Marks The Examining Attorney managed&#13
that ELEPHANT is the dominant factor in the topic marks mainly because&#13
it is the 1st phrase in each and every mark and is additional probable to be&#13
amazed on the memory of a consumer. The Board, having said that, way too a&#13
unique tack:

[T]he proof talked about over&#13
demonstrates that the frequent term ELEPHANT is relatively weak due to&#13
the numerous 3rd-occasion registrations for software. The various&#13
connotations of the trailing phrases Game titles and Learning MATH ACADEMY&#13
substantially contribute to the different commercial impressions of&#13
the marks, as Game titles describes the laptop game titles recognized in the&#13
cited registrations, and Finding out MATH ACADEMY describes the&#13
goal of Applicant’s instructional mobile purposes, which&#13
youngsters will use to master math.

The Board found the marks to be more dissimilar than very similar in&#13
visual appeal, seem, indicating, and business effect. This getting&#13
was bolstered by the existence of applicant’s two prior&#13
registrations.

1212980b.JPG

The Products and Channels of Trade: The broadly&#13
worded computer system activity software discovered in the cited registration&#13
ought to be presumed to encompass all types of activity application, which include&#13
applicant’s video games that entertain and teach. In gentle of the&#13
overlap in merchandise, the Board will have to presume that these overlapping&#13
products travel via the similar, standard channels of trade to the similar&#13
classes of consumers.

Conclusion: Inspite of the overlap in merchandise and&#13
channels of trade, the Board identified the marks to be sufficiently&#13
distinct to avoid a chance of confusion. And so it reversed&#13
the refusal to register.

Read through remarks and put up your comment here.

TTABlogger remark: Superior to see that the Board&#13
did not totally ignore the disclaimed wording.

The content material of this post is meant to supply a standard&#13
tutorial to the matter make a difference. Professional tips ought to be sought&#13
about your distinct conditions.

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