Case: Trademarks/Likelihood of Confusion (Fed. Cir.)

The Federal Circuit affirmed in part, vacated in part, and remanded the decision of the Trademark Trial and Appeal Board refusing registration of Apex Bank’s “Aspire Bank” word and design marks for banking and financing services, in CC Serve Corp.'s opposition to registration. The court determined that the board erred in its analysis of the number and nature of similar marks used on similar goods and the appearance, sound, connotation, as well as its finding of commercial impression of the marks.