Digest of In Re St. Helena Hospital, No. 2014-1009 (Fed. Cir. Dec. 16, 2014) (precedential). On appeal from TTAB. Before Lourie, Linn, and O’Malley.
Procedural Posture: Applicant appealed the TTAB affirmation of the examiners rejection to register “TAKETEN.” CAFC reversed.
- Trademark: The examiner refused to register “TAKETEN” due to likelihood of confusion with the already registered “TAKE 10!” The CAFC held that while the PTO correctly found that the marks themselves were similar, given the dissimilarities in the goods and services and the high level of consumer care the rejection could not be sustained. The CAFC held that the PTO failed to show that “a 10-day in-patient health improvement program” was sufficiently related to “printed manuals, posters, stickers, activity cards and educational worksheets dealing with physical activity and physical fitness,” noting that where “the relatedness of the goods and services is obscure or less evident, the PTO will need to show ‘something more’ than the mere fact that the goods and services are ‘used together.’”