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Decisions · 85861533

PrecedentialNotableNo later change on its docket

In re Aquamar, Inc.

Serial No. 85861533 · Decided 2015-06-25 · Section 2(d) Ex Parte Appeal

What happened

The Board refused registration of MARAZUL for frozen and fresh processed fish, seafood, and imitation crab meat, finding that because “marazul” means “blue sea” in Spanish it is likely to be confused with the registered mark BLUE SEA for non-live and frozen fish, and it separately upheld the refusal based on Aquamar’s failure to provide the required English translation of its mark.

The marks

Applicant

MARAZUL

"Fish and seafood products, namely, frozen and fresh processed fish and seafood, and imitation crab meat" in Class 29

Cited registration

BLUE SEA

"non-live fish and frozen fish" in Class 29

How the marks compared

DimensionFindingWhat the Board said
soundDissimilarThe Board acknowledged the marks are distinct in sound.
appearanceDissimilarThe Board acknowledged the marks are distinct in appearance.
meaningSimilar“Mar azul” means “blue sea” in Spanish; the Board found the marks exact equivalents in meaning with no different nuance in either language.
commercial impressionSimilarFor identical seafood goods, the shared meaning dominated: the equivalency in meaning outweighed the differences in how the marks look and sound.

Although the marks differ in appearance and sound, their identical meaning under the doctrine of foreign equivalents made them confusingly similar for legally identical fish products.

du Pont factors that bore on the outcome

#FactorWeightWhat the Board found
1Similarity of the marksDispositiveMARAZUL and BLUE SEA are exact equivalents in meaning because “mar azul” is Spanish for “blue sea,” and that shared meaning outweighed the differences in how the marks look and sound.
2Relatedness of the goods or servicesDispositiveBoth identifications cover frozen fish, and the registration’s non-live fish encompasses Aquamar’s fresh processed fish, so the goods are legally identical in part.
3Similarity of trade channelsSignificantBecause the goods are legally identical in part with no limitations, the Board presumed the trade channels and purchasers are the same.

Why this decision is significant

Precedential opinion with two independent holdings — failure to comply with the translation requirement (Rule 2.32(a)(9)) is itself a ground for refusal, and exact Spanish-English equivalents (MARAZUL / BLUE SEA) are confusingly similar for identical goods under the doctrine of foreign equivalents — a clean template for foreign-equivalents 2(d) cases.

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.

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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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