TTABlog Test: Are MERCADO LIBRE and MERCADO LIVRE Confusable With FREEMARKET for Online Marketplace Services?

The USPTO refused to register the marks MERCADO LIBRE and MERCADO LIVRE for online marketplace services, citing confusion with the registered mark FREEMARKET. The applicant provided translations of the marks as "independent marketplace" or "free commerce," but the Board found the translations inconclusive. The Board also found the marks to be different in sound, appearance, and commercial impression, leading to the reversal of the refusal.

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