Case: Trademarks/Priority & Likelihood of Confusion (T.T.A.B.)

The Trademark Trial and Appeal Board sustained an individual’s opposition to Brown Innovation LLC’s registration of the standard character mark “Snore Doctor,” with “Snore” disclaimed, for nasal dilators and therapeutic mouthpieces for the prevention of snoring, due to priority of use and a likelihood of confusion. According to the board, the individual established priority of use as to his common law “Snore MD” mark for a therapeutic mouthguard to be worn over the teeth during sleep to reduce the effects of snoring. And the board agreed with the individual’s claim that confusion was likely because the marks are similar, and ...