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Decisions · 79331774

Non-precedentialRoutineNo later change on its docket

In re WeGrow Germany GmbH

Serial No. 79331774 · Decided 2025-03-12 · Section 2(d) Ex Parte Appeal

What happened

Refusal upheld for the Class 31 plants — WeGrow for living trees is too similar to the registered WeGrow for fertilizers because the goods are complementary and sold in the same nurseries, though the Class 44 horticulture services were allowed to move forward.

The marks

Applicant

WeGrow (stylized with leaf design)

Agricultural and aquacultural crops, namely, living trees, living plantlets, living seedlings, living tree seeds; horticulture and forestry products, namely, living trees (Class 31); agriculture, horticulture and forestry services (Class 44)

Cited registration

WeGrow (stylized with W design)

Growing media for plants, fertilizers and chemical fertilizers for use in agriculture, horticulture and forestry; fertilizers, and chemical fertilizers (Class 1)

How the marks compared

DimensionFindingWhat the Board said
soundSimilarBoth marks are articulated as ‘we grow.’
appearanceSomewhat SimilarThe wording is identical though the design elements differ.
meaningSimilarBoth convey growth or fostering growth.
commercial impressionSimilarThe shared WEGROW wording dominates the overall impression of each mark.

The Board found the marks similar overall because the identical wording WEGROW dominates both composite marks despite their different design elements.

du Pont factors that bore on the outcome

#FactorWeightWhat the Board found
1Similarity of the marksFavored RefusalThe identical wording WEGROW dominates both composite marks, which sound alike and share the same growth connotation.
2Relatedness of the goods or servicesDispositive — Favored RefusalLiving trees and plants are complementary to fertilizers, which promote plant growth, and nurseries sell both.
3Similarity of trade channelsDispositive — Favored RefusalNeither identification is limited, and the goods travel through the same nurseries, big-box stores, plant stores, and the internet.
4Conditions of sale and buyer sophisticationNeutralThe goods include a homeowner’s single-tree purchase, so the least sophisticated purchaser standard applied.
5Fame of the prior markNeutralNo fame evidence, as is typical in ex parte examination.
6Number and nature of similar marks in useNeutralFour third-party WE GROW registrations were too few and too different to show the cited mark is weak.
7Nature and extent of actual confusionNeutralNo actual-confusion evidence, but none is required.
8Length of concurrent use without actual confusionNeutralThe narrowness of the registrant’s goods did not weigh against confusion.
10Market interface between applicant and owner of a prior markNeutralNo evidence of any market interface between the parties.

Why this decision is significant

Non-precedential Section 2(d) affirmance applying the standard DuPont analysis to marks sharing the identical wording WEGROW, with complementary goods (living plants and fertilizers) sold through the same nurseries; no novel holding.

Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.

Related decisions

The original record

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