The Trademark Trial and Appeal Board (TTAB) recently refused an application for CROSSBOX, for use in connection with apparel in Class 25, food products in Class 30 and sporting events in Class 41, concluding that the application is likely to cause consumer confusion with CrossFit, Inc.’s household mark. The TTAB rejected the applicant’s argument that its goods and services are sufficiently distinct from the CROSSFIT registrations, and afforded CrossFit, Inc. broader protection, because the TTAB determined CROSSFIT was a well-renowned mark for fitness training services.
Specifically, the TTAB concluded that although there was little evidence demonstrating that CrossFit, Inc. is famous or well-known for providing food products, there is a substantial overlap between customers for fitness training services and food items. Furthermore, the TTAB found that CrossFit, Inc.’s registrations covering the provision of “information in the field of nutrition via website” coupled with its promotion of a healthy diet were sufficient to find that the applied-for food products were commercially related to CrossFit, Inc.’s registered services.
TIP: Businesses should be mindful of the broad protection afforded famous or well-known marks, which may span across different but potentially related goods or services under a separate International Class.