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Trademark Valet

Decisions · 85667188

PrecedentialNotableNo later change on its docket

In re Thor Tech, Inc.

Serial No. 85667188 · Decided 2015-01-26 · Section 2(d) Ex Parte Appeal

What happened

Refusal reversed — even though the marks are identical, TERRAIN for towable RV trailers may register over TERRAIN for trucks because the two kinds of vehicles are fundamentally different products that careful buyers do not attribute to one source.

The marks

Applicant

TERRAIN (standard characters)

recreational vehicles, namely, towable trailers (Class 12)

Cited registration

TERRAIN (standard characters)

motor land vehicles, namely, trucks (Class 12)

How the marks compared

DimensionFindingWhat the Board said
soundSimilarThe marks are identical.
appearanceSimilarThe marks are identical standard-character marks.
meaningSimilarThe marks are identical.
commercial impressionSimilarThe marks are identical.

The marks are identical, but identity alone could not establish confusion where the goods were shown to be unrelated.

du Pont factors that bore on the outcome

#FactorWeightWhat the Board found
1Similarity of the marksFavored RefusalBoth marks are TERRAIN in standard characters — identical — though identity alone is not sufficient.
2Relatedness of the goods or servicesDispositive — Favored ApplicantTrucks and towable RV trailers are noncompetitive, differ completely in utility, and share nothing essential.
3Similarity of trade channelsFavored ApplicantOnly three of nine websites offered both products; the channels were not sufficiently similar.
4Conditions of sale and buyer sophisticationFavored ApplicantBoth products are expensive purchases made with a high degree of care.

Why this decision is significant

Frequently cited precedential reversal: identical TERRAIN marks may coexist because trucks and towable RV trailers are fundamentally different Class 12 goods — mark identity alone cannot supply the missing proof that goods are related.

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

Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.

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