In Re Charger Ventures LLC, No. 22-1094 (Fed. Cir. 2023)
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Charger filed an intent-to-use application to register SPARK LIVING on the Principal Register for leasing of real estate; real estate listing; real estate service, namely, rental property management. The examining attorney refused registration under the Lanham Act, 15 U.S.C. 1052(d), on grounds of a likelihood “to cause confusion, or to cause mistake, or to deceive with an earlier registered mark.” The earlier registered mark, SPARK, was registered for “[r]eal estate services, namely, rental brokerage, leasing, and management of commercial property, offices and office space.” Charger amended its description of services to only cover residential real estate services, then disclaimed the term “LIVING,” and again amended the description to “specifically” exclude commercial property and office space—the services of the registrant’s mark. The examining attorney maintained the refusal.
The Trademark Trial and Appeal Board and Federal Circuit affirmed, as supported by substantial evidence the refusal to register Charger’s mark based on likelihood of confusion. The Board addressed five of the “Dupont factors”: similarity or dissimilarity of the marks, the nature of the goods or services, established, likely-to-continue trade channels, conditions under which and buyers to whom sales are made, and strength of the mark, focusing on the similarity or dissimilarity of the marks as well as the goods or services.
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