ZOMBIE CINDERELLA in Standard
THIS OPINION IS NOT A PRECEDENT OF THE TTAB Hearing: Mailed: August 28, 2014 October 9, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ In re United Trademark Holdings, Inc. _____ Serial No. 85706113 _____ Erik M. Pelton of Erik M. Pelton & Associates, PLLC for United Trademark Holdings, Inc. David A. Hoffman, Trademark Examining Attorney, Law Office 107 (J. Leslie Bishop, Managing Attorney). _____ Before Rogers, Chief Administrative Trademark Judge, and Kuhlke and Masiello, Administrative Trademark Judges. Opinion by Masiello, Administrative Trademark Judge: United Trademark Holdings, Inc. (“Applicant”) has filed an application to register on the Principal Register the mark ZOMBIE CINDERELLA in standard characters for “dolls.”1 The Trademark Examining Attorney refused registration under § 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), on the ground that Applicant’s mark, as used in connection with Applicant’s goods, so resembles the 1 Application Serial No. 85706113, filed August 17, 2012 under Trademark Act § 1(b), 15 U.S.C. § 1051(b), on the basis of Applicant’s bona fide intent to use the mark in commerce. Serial No. 85706113 registered mark shown below as to be likely to cause confusion, or to cause mistake, or to deceive. The cited mark is registered for goods in International Classes 9, 14, 16, 18, 21, 24, 25, and 28. Most relevant, for purposes of the Examining Attorney’s refusal, are the goods in Class 28, which are “toys, namely, plush toys, action figures, dolls, soft sculpture toys, stuffed toys.”2 When the refusal was made final, Applicant filed a request for reconsideration and a notice of appeal.
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