Opinion

Application of Yazaki Corporation

  • 437 F.2d 1406
  • 58 C.C.P.A. 951
Court
Court of Customs and Patent Appeals
Filed
Mar 4, 1971
Status
Published
Author
Newman
On the bench
Rich, Almond, Baldwin, Lane, Newman
Cited by
0 cases
Authority
More cited than 12.6%

The opinion

NEWMAN, Judge.

Yazaki Corporation appeals from the decision of the Trademark Trial and Appeal Board

1

2affirming the examiner’s refusal to register the following trademark

2

on the Principal Register:

The issue is whether appellant’s mark “so resembles a mark registered in the Patent Office * * * as to be likely, when applied to the goods of the applicant, to cause confusion, or to cause mistake, or to deceive * * 15 U.S.C. § 1052 (d). The examiner and board cited the previously registered mark “Arrow ‘102’ ”,

3

****observed that the goods of the respective parties would normally be sold in automobile accessories stores for use on automobiles, and concluded that confusion or mistake as to source would be likely. The board stated:

Considering the marks, it is apparent that the word “ARROW” is the essential feature of applicant’s mark and it is not seen how the number “102” or the auxiliary features of applicant’s mark can serve to distinguish between these marks. Further, the mere fact that various other parties have registered the word “ARROW” is insufficient to show that this word is in common usage as a trademark. * * *

It is concluded that applicant’s mark so resembles “ARROW ‘102’ ” that, as applied to applicant’s goods there would be a likelihood of confusion or mistake.

Appellant’s arguments here — that the goods, channels of trade, potential consumers and the marks themselves are totally dissimilar, and that the “ARROW” component of the two marks is a “weak” mark entitled to little scope of protection — are but a reiteration of those urged below and fully considered by the board. We have considered those arguments and the cited cases, including Arrow Distilleries, Inc. v. Globe Brewing Company, 117 F.2d 347 (4th Cir.1941), but are not persuaded there is reversible error in the decision below. The board’s finding that the channels of trade and class of purchasers would ordinarily be the same, uncontradicted by any evidence to the contrary, seems wholly reasonable. We are satisfied that the respective marks bear sufficiently close resemblance in appearance, sound and connotation that, when applied to goods of this sort in the automotive field, confusion or mistake as to origin of the goods is likely. Accordingly, the decision is affirmed.

Affirmed.

1

. Opinion abstracted at 157 USPQ 714 .

2

. Appearing in application serial No. 224,995, filed August 4, 1965, asserting first use of the mark on the goods in commerce in March 1965. As recited in the application, the mark is applied to various automotive gauges and meters, such as oil pressure and water temperature gauges, voltmeters and ammeters, electric tachometers, cam dwell testers, coil testers, alternator diode and ignition cable testers, idle tachometers, compression testers, engine vacuum and fuel pump testers, timing lights, regulator-generator testers and sending units for temperature gauges.

3

. Registration No. 751,564, issued June 25, 1963. It appears from the record that the mark is applied to various internal combustion engine components, such as generators, starter motors, starter motor drives, armatures, solenoids, and field coils.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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