| | | TTAB Likelihood of Confusion (15 USC § 1052(d)) TTAB Similarity of Marks (1) | The Board a petition to cancel the mark SERV-TECH for roofing services and found the applied-for mark was likely to be confused with the cited mark SERVI-TEK because the marks were visually and aurally similar. "Both start with the same four letters, which form the main part of the word 'service.' We find that most purchasers seeing either mark will notice and recall that the first part of the mark looks like the beginning of the word "service" and that this is a significant visual element of each mark. The visual similarity created by the first part of each mark is reinforced by the similar use of a hyphen followed by the highly similar suffixes of the marks, TEK and TECH. These suffixes share the first two letters, and though visually distinguishable, we find relevant consumers are unlikely to recall which uses TEK or TECH. Overall, the marks are similar in appearance. . . . [T]he only difference is the 'i' in Petitioner's mark. This extra letter (and syllable) may create a difference in the sound of the two marks, but it is a small difference. . . . [T]he similarities in sound dominate the small difference created by the 'i' in Petitioner's mark. Moreover, TEK and TECH are likely to be pronounced similarly." (page 10) | | | | TTAB Likelihood of Confusion (15 USC § 1052(d)) TTAB Similarity of Marks (1) | The Board a petition to cancel the mark SERV-TECH for roofing services and found the applied-for mark was likely to be confused with the cited mark SERVI-TEK because the marks were similar in meaning and commercial impression. "We find that in the context of the services provided by these parties, the marks have very similar meanings. Both marks are effectively a combination of the same shortened words, 'service' and 'tech.' Each party provides services to building owners and managers. We find that purchasers will understand both marks to mean 'service tech.' There is no evidence in the record of other meanings. . . . The marks also create very similar commercial impressions. These are service marks, and the record shows that each mark is typically used on invoices, promotional materials, uniforms of workers, signs on vehicles and other related service mark uses. Using such similar marks in these ways for the parties' respective services creates an impression of a service company that sends workers (or technicians) to buildings to perform work." (page 11) | | | | TTAB Likelihood of Confusion (15 USC § 1052(d)) TTAB Nature of Goods or Services (2) | The Board a petition to cancel the mark SERV-TECH for roofing services and found the applied-for mark was likely to be confused with the cited mark SERVI-TEK because the respective services were complementary. "Customers of Petitioner, who are familiar with the range of building maintenance services it provides, could well perceive Respondent's roofing services . . . as an extension of Petitioner's services. The evidence shows that Petitioner has had customers who needed roofing work and that Petitioner subcontracted out that work. Some consumers exposed to Respondent's roofing services under such a similar mark may mistakenly conclude that Petitioner has started offering roofing services directly, rather than continuing to use subcontractors for that work. Such a mistake is made more likely because of the broad range of services Petitioner provides. The evidence also shows Petitioner maintains HVAC systems, which . . . may have large equipment installed on a roof. Given that Petitioner already services equipment on the roof, relevant consumers probably would not be surprised if Petitioner were to expand into repair and maintenance of at least some commercial building roofs. Respondent's roofing services may be viewed as a logical line extension of Petitioner's existing services." (page 13) | | | | TTAB Likelihood of Confusion (15 USC § 1052(d)) TTAB Channels of Trade / Classes of Consumers (3) | The Board a petition to cancel the mark SERV-TECH for roofing services and found the applied-for mark was likely to be confused with the cited mark SERVI-TEK because the channels of trade were similar. "The trade channels overlap, as shown by each party's identification of its customers. 'Servi-Tek offers and provides its janitorial and building maintenance services to the owner, property or facility managers of commercial and multi-family residential properties.' 'Registrant provides services to consumers comprised of commercial building owners, property or facility managers, general contractors, developers, and residential owners.' These parties market and provide their services directly to their consumers, so an overlap in consumers means the trade channels also overlap." (page 33) |
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