IP Law Daily, TRADEMARK—TTAB: Descriptive, disclaimed elements of a mark not likely to offset likelihood of confusion, (Jan 11, 2022)

By Deirdre Kennedy, J.D.

Where the services are identical, the degree of similarity between the marks required to support a finding of likelihood of confusion was not as great as would be required with diverse goods.

The mark SUNSET SONGS was too similar to the existing mark SUNSET CREATIVE, especially considering that the nature of the services that both m ...