In re Trilliant Food and Nutrition, LLC, 2017 WL 3102593
The Trademark Trial and Appeal Board (TTAB) decided this case. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference, and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys.
Legally Identical Trademarks Background
Trilliant Food and Nutrition, LLC (Trilliant) submitted an application for trademark registration of the mark “ENRG.” Trilliant sought to register this mark on the Principal Register under International Class 30, a category that includes “coffee, tea, cocoa and artificial coffee.” Trilliant sought to register the ENRG mark for “coffee for use in single-serve brewing machines.”
The Trademark Examining Attorney (TEA) rejected Trilliant’s application for the ENRG mark, because of similarities to an existing trademark. The existing mark, ENERGI for coffee and tea, was already registered on the Principal Register under International Class 30. Relying on 15 U.S.C. 1052(d) of the Trademark Act, the TEA elaborated that the Trilliant mark was “likely to cause confusion, to cause mistake, or to deceive.”
After receiving the TEA’s decision, Trilliant protested and requested another review. The TEA rejected this request, refusing to reconsider the initial decision. As a result, Trilliant appealed to the TTAB.