‘Smokes’ Logo Won’t Confuse ‘Smok’ Buyers, Trademark Board Finds

The owner of several “Smok” trademarks failed to convince the Trademark Trial and Appeal Board that a “Smokes” logo for low-TCH cannabis cigarettes would confuse consumers.

Fancy Pants Products LLC prevailed over electronic cigarette-seller Shenzhen IVPS Technology Co.'s opposition despite similar products and marks because the marks are weak and channels of trade differ, the Trademark Trial and Appeal Board said. Graphic elements swung a consumer confusion analysis in favor of Fancy Pants—which didn’t take testimony, introduce evidence, or file a brief—even if pluralizing a mark provides little distinction, it said.

The Oct. 31 precedential opinion noted that when shared ...