Decisions · 85916778
In re i.am.symbolic, llc
Serial No. 85916778 · Decided 2018-08-16 · Section 2(d) Ex Parte Appeal
What happened
The Board refused registration of #WILLPOWER, the clothing mark of will.i.am’s company, finding it likely to be confused with a registered mountain-logo mark featuring WILLPOWER WEAR and the slogan HAVE THE WILL... for hats, jackets, pants, shirts, and shoes, because the hashtag symbol adds no source-identifying meaning to the shared word WILLPOWER.
The marks
Applicant
#WILLPOWER
"Clothing, namely, bandanas, beachwear, blazers, blouses, dresses, earmuffs, formal wear in the nature of bridal dresses, cocktail dresses, evening dresses, gowns, evening tops, wraps, evening slacks, suits, tuxedos, evening jackets, formal shirts, vests, cummerbunds, ties, and formal shoes; gloves, hooded shirts, infantwear, jackets, jeans, jerseys, leggings, loungewear, mittens, neckwear, outerwear in the nature of wraps, pants, ponchos, scarves, shirts, shorts, skirts, sleepwear, socks, sports clothing, namely, bandanas, baseball uniforms, base layer bottoms and tops, footwear, headwear, hooded sweatshirts, jackets, jerseys, pants, polo shirts, scarves, shorts, sports pants, sports shorts, sports shirts, sweatshirts, shirts, t-shirts, trousers, underpants, vests, warm-up suits; suits, sweaters, sweatpants, sweatshirts, swimwear, tank tops, trackpants, track suits, t-shirts, tunics, undergarments, vests, wind resistant jackets, outdoor winter clothing, namely, skiwear, coats, coveralls, ear muffs, gloves, jackets, mittens, overalls, overcoats, pants, parkas, sweaters, vests, and snowsuits; and yoga pants; footwear and insoles for footwear; belts; headwear; and wrist bands made of cloth, leather, or imitation leather" in International Class 25
Cited registration
WILLPOWER WEAR Have the will... (stylized wording with design of two offset, identical mountain peaks)
"Hats; Jackets; Pants; Shirts; Shoes" in International Class 25
How the marks compared
| Dimension | Finding | What the Board said |
|---|---|---|
| sound | Similar | The dominant element WILLPOWER is identical in sound in both marks. |
| appearance | Somewhat Similar | The marks differ visually because of the registered mark’s mountain design and extra wording and the application’s hash symbol, but the Board found the shared word WILLPOWER is what consumers would notice and remember, and even on a clothing label it cannot be missed. |
| meaning | Similar | For ordinary shoppers unfamiliar with will.i.am’s #willpower album, both marks convey the same dictionary meaning of willpower - strong determination or self-control - and the slogan HAVE THE WILL reinforces that meaning. |
| commercial impression | Similar | The hash symbol acts as a social-media search tag rather than a brand signal, so both marks leave the same overall impression centered on WILLPOWER. |
Despite the design and wording differences, the marks are similar in connotation and overall commercial impression because they share the dominant word WILLPOWER, and the hashtag adds no source-identifying significance.
du Pont factors that bore on the outcome
| # | Factor | Weight | What the Board found |
|---|---|---|---|
| 1 | Similarity of the marks | Dispositive | Both marks are dominated by the identical word WILLPOWER, and neither the hash symbol nor the registered mark’s design and extra wording changes the overall impression. |
| 2 | Relatedness of the goods or services | Dispositive | The application’s jackets and pants are identical to the registrant’s, and many other listed items (shirts, shoes, headwear, sports clothing) legally overlap with the registrant’s hats, jackets, pants, shirts, and shoes. |
| 3 | Similarity of trade channels | Significant | Because the overlapping goods have no marketing restrictions, they are presumed to be sold in the same stores to the same shoppers, regardless of will.i.am’s celebrity following. |
| 6 | Number and nature of similar marks in use | Neutral | Five third-party WILLPOWER clothing uses were too few, and too thinly documented, to prove the registered mark is weak, so this factor did not help the applicant. |
Why this decision is significant
Precedential opinion establishing the Board’s framework for hashtag marks — a hash-symbol prefix generally adds little or no source-identifying distinctiveness (expressly endorsing TMEP § 1202.18) — decided against will.i.am’s company on a crowded Class 25 record; cited by three entries in this database.
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
Refusal reversed
In re Covalinski
The REDNECK RACEGIRL logo may register over RACEGIRL for overlapping clothing because the design’s giant checkerboard double-R dominates the mark and makes the wording hard even to notice.
85685983 · 2014-12-18 · REDNECK RACEGIRL and design (two large Rs with checkerboard racing flag pattern, heart shapes, colors black/white/gray) v. RACEGIRL (standard characters)
Refusal affirmed
In re Lasertec Corporation
Because Lasertec’s GALOIS mark for semiconductor wafer inspection machines is identical to the registered GALOIS mark for cameras and scanners, and the evidence showed those products work…
79358845 · 2026-03-16 · GALOIS v. GALOIS
Refusal affirmed
In re Robert Sulic
The Board found Robert Sulic’s BLACK SWAN vodka mark identical to the registered BLACK SWAN mark for wines, and because vodka and wine are related drinks sold through overlapping channels…
79375327 · 2026-01-07 · BLACK SWAN v. BLACK SWAN
Refusal affirmed
In re Robert Sulic
The Board found Robert Sulic’s BLACK SWAN VODKA label (castle, mountains, and swan design) confusingly similar to the registered BLACK SWAN mark for wines; the swan picture just reinforces…
79375609 · 2026-01-07 · BLACK SWAN VODKA & design v. BLACK SWAN
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.
Who checked this
Not yet reviewed by an attorney. This summary is generated from coded data, and it says so until a lawyer has read it.
Provenance — Generated from database rows without re-reading the opinion.
General information about how trademark law works. It is not legal advice about your situation, and reading it does not make anyone your lawyer.