The USPTO denied the registration of the AGAVE BLACK mark for cosmetics, citing potential confusion with the existing BLACK AGAVE ESPECIAL mark for skin care products. The applicant contended that "BLACK" in its mark would be interpreted as a favorable term, drawing a comparison to the Johnnie Walker "Black Label." However, the Board determined that the overlapping products would likely reach the same consumers, and the marks share significant similarities in both appearance and meaning due to the common terms "AGAVE" and "BLACK." Ultimately, the Board upheld the refusal, concluding that the distinctions presented were insufficient.
This news is summarized and processed by the IP Topics artificial intelligence algorithm.
Read the full article on the original webpage: http://thettablog.blogspot.com/2024/11/ttablog-test-is-agave-black-confusable.html
The cover image belongs to the source website and is used as an integral part of the summary of the reference article.