- Posted on: Oct 23 2019
Senior Counsel at Dunlap, Bennett & Ludwig’s Atlanta office
Dunlap, Bennett & Ludwig (DBL) scored another victory at the United States Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) for the trademark “INTEGRATED PERFORMANCE CARE SYSTEMS” for, in pertinent part, chiropractic services. After filing the trademark application, the United States Patent and Trademark Office (USPTO) examiner claimed that it should be denied registration because the trademark was likely to be confused with the trademark registration for “V P VICTORY INTEGRATED PERFORMANCE” (and design) used in connection with chiropractic services. The Applicant appealed to the TTAB.
DBL Atlanta’s Geoffrey M. Dureska effectively argued that the Applicant’s mark was not likely to be confused with the registration because the marks were dissimilar in their appearance, sound, connotation and commercial impression. Dureska explained that consumers would focus on the dominant portion of the trademark, which is the highly stylistic design prominently displayed above the smaller words VICTORY INTEGRATED PERFORMANCE, and which included large gold letters V and P along with a design reminiscent of Leonardo da Vinci’s Vitruvian Man.
The TTAB agreed with Dureska and reversed the USPTO examiner, specifically noting that consumers were likely to focus on the dominant design portion of the trademark, the initialism evoked by the letters V and P surrounding the Vitruvian Man design as standing for VIP, and the connotation of that initialism, namely, special treatment from services. Thus, when evaluating the marks in their entireties, the marks were not likely to be confused. Mr. Dureska and the larger IP team at Dunlap Bennett & Ludwig are pleased to have prevailed on behalf of our client.