Skip to content
Trademark Valet

Decisions · 86705287

PrecedentialLandmarkNo later change on its docket

In re Peace Love World Live, LLC

Serial No. 86705287 · Decided 2018-07-23 · Other

What happened

The Board upheld the refusal to register I LOVE YOU for bracelets on two independent grounds: the phrase, spelled out across the bracelet’s segments, is merely decorative wording rather than a brand name (like many competitors' similar bracelets), and separately it is too close to another company’s already-registered mark I LUV U for jewelry including bracelets.

The marks

Applicant

I LOVE YOU

"bracelets," in Class 14

Cited or opposed mark

I LUV U

"jewelry, namely, necklaces, bracelets, rings and charms; pendants; earrings," in Class 14

How the marks compared

DimensionFindingWhat the Board said
soundSimilar“Love” and “luv” are phonetic equivalents and “U” is a recognized abbreviation for “YOU”; the marks sound alike.
appearanceSomewhat SimilarSame overall structure (I ___ ___), but differ in the spelling of “Love”/“Luv” and “You”/“U”; the Board found these minor differences did not outweigh the marks' overall identity.
meaningSimilarBoth marks mean the same thing and express the same term of endearment.
commercial impressionSimilarBoth engender the same commercial impression as a term of endearment, despite Applicant’s argument that I LUV U has a more modern/texting feel.

Strongly similar overall despite minor spelling differences, per the Board’s finding.

du Pont factors that bore on the outcome

#FactorWeightWhat the Board found
1Similarity of the marksDispositiveThe marks share the same structure, sound alike, mean the same thing, and create the same commercial impression; minor spelling differences did not distinguish them.
3Similarity of trade channels
corrected from 2. Similarity of the Goods and Channels of Trade
DispositiveThe goods are legally identical in part (bracelets/bracelets), so channels of trade and classes of purchasers are presumed identical, and ordinary (not sophisticated) consumers apply.
6Number and nature of similar marks in useFavored ApplicantSeven third-party jewelry registrations of I LOVE YOU variations, plus evidence of actual ornamental use by others, showed the phrase is commonly used and conceptually narrow for jewelry, but this favorable factor was outweighed by the marks‘ strong similarity and the goods’ identity.

1 factor label was renumbered to match the canonical du Pont list. The extraction's original label is shown beneath.

Why this decision is significant

Precedential decision providing the leading, oft-cited framework for the failure-to-function/ornamentation refusal for common sentimental phrases on jewelry, decided together with a full Section 2(d) analysis in the same opinion.

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.

Open this case on TTABVUE, the Board's docket ↗


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.

← Back to the library