June 29, 2022

TTABlog Exam: Are These Two “MLG” Marks Confusable For Legal Providers? – Mental Assets


United States: &#13
TTABlog Examination: Are These Two “MLG” Marks Confusable For Legal Expert services?&#13


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The USPTO refused to sign up the mark MLG MACOMB&#13
Law Team & Design and style
 for “lawful companies&#13
furnishing custom-made legal data, counseling, and assistance, and&#13
litigation companies in the area of tort regulation” [MACOMB LAW
GROUP disclaimed], in watch of the registered mark MLG&#13
 for “Authorized session companies&#13
Lawful consulting providers in the area of automotive related legal&#13
scenarios Legal providers.” [AUTOMOTIVE LAW disclaimed]. The Board&#13
found the companies to be overlapping and thus lawfully&#13
identical. But how about the marks? How do you feel this came&#13
out? In re J. Spagnuolo & Associates, P.C.,&#13
Serial No. 88789748 (March 31, 2022) [not precedential] (Belief by&#13
Judge Cheryl S. Goodman).


Applicant, relying on third-social gathering registrations, argued that the&#13
cited mark is weak in light-weight of the prevalent use of MLG. The Board&#13
observed that 3rd-celebration registration proof “goes to&#13
conceptual weak spot while 3rd-get together use evidence goes to&#13
commercial weak point.” Applicant did not post any proof of&#13
third celebration use. As to conceptual strength, 3rd-get together&#13
registrations may perhaps clearly show that a part of a mark is&#13
“descriptive, suggestive, or so usually employed that the community&#13
will search to other components to distinguish the resource of the products&#13
or expert services.” [Wait a second. Registrations are not proof of
use – ed.].

In any circumstance, applicant’s 3rd-party registration proof&#13
was not timely submitted, and even if it had been, the&#13
registrations did not protect authorized expert services. Other registrations&#13
purporting to clearly show that many “first” marks for legal&#13
providers – but not including the initials MLG – co-existed on the&#13
Trademark Sign up had no probative price.

The Board concluded that the cited mark merited the “normal&#13
scope of defense to which inherently distinctive marks are&#13

Turning to the marks, the Board uncovered MLG to be the dominant&#13
part of the cited mark due to the fact it is the initially phrase in the mark&#13
and considering that AUTOMOTIVE Legislation is at the very least extremely descriptive of the&#13
companies. In applicant’s mark, nonetheless, MACOMB Law Team is&#13
dominant (even though disclaimed), the wording staying&#13
“reinforced by the scales of justice style, symbolizing the&#13

The MLG component, even though considerably greater, is partially obscured&#13
by the style, with the daring letters “M” and&#13
“G” getting additional popular than the not bold letter&#13
“L,” which has been placed in a reduce placement than&#13
“M” and “G,” as it is becoming employed as the central&#13
pivot point and base for the scales of justice, producing it fewer&#13
possible that consumers will remember the MLG factor.

As to visual appeal, the Board located the marks far more dissimilar than&#13
comparable, and as to seem and connotation, dissimilar.

The letters MLG in Applicant’s mark clearly connote MACOMB&#13
Law Group owing to the presence in the mark of that wording&#13
customers viewing the mark as a total will conveniently recognize MLG&#13
to be an abbreviation or initialism of MACOMB Regulation Team. In&#13
Registrant’s mark, MLG most likely references the initials of an&#13
unfamiliar legal professional or attorneys, and AUTOMOTIVE Regulation identifies the&#13
kind of regulation practiced. Consequently, the marks have distinctive&#13

Eventually, as to all round industrial perception, the Board uncovered&#13
that applicant’s mark “presents the effect of a legislation group&#13
in a certain geographic location, Macomb county, Michigan. The&#13
cited registered mark, on the other hand, gives the impression of a&#13
law agency working towards automotive legislation.”

And so the Board, finding the&#13
first DuPont factor to be dispositive, reversed&#13
the refusal.

Read comments and write-up your comment  below.

The TTABlog

The information of this post is meant to give a basic&#13
guide to the matter make any difference. Expert advice should really be sought&#13
about your certain situations.

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