Finding PILLOW PODS Confusable With PILLOW PAWS for Socks, TTAB Grants Cancellation Petition, Dismisses Section 18 Counterclaim

The Board granted a petition for cancellation of a registration for the mark PILLOW PODS for "socks," finding a likelihood of confusion with the registered mark PILLOW PAWS for "slipper socks, slippers, socks." Respondent's evidence of third-party use and registration of PILLOW-formative marks was not sufficiently voluminous or extensive to seriously weaken the pleaded mark. Respondent's Section 18 counterclaim, seeking to narrow the application and petitioner's registration, was rejected because the amendments would not avoid a likelihood of confusion. Principle Business Enterprises, Inc.v.DML Marketing Group, Ltd., Cancellation No. 92061653 (August 6, 2018) [not precedential] (Opinion by Judge Lorelei Ritchie).The Goods: Because both the application and the pleaded registration include identical goods (socks), the Board must presume that they travel in the same trade channels to the same classes of customers.Strength of Petitioner's…

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