Skip to content
Trademark Valet

Decisions · 86802467, 86802618, and 86802733

PrecedentialNotableNo later change on its docket

In re I-Coat Company, LLC

Serial Nos. 86802467, 86802618, and 86802733 · Decided 2018-06-07 · Section 2(d) Ex Parte Appeal

What happened

Refusal upheld — I-Coat’s INDIGO marks (word and two design versions) for corrective lenses were found too similar to the registered INDIGOSNOW and INDIGO marks for eyewear, blocking all three applications.

The marks

Applicant

INDIGO (and variants)

optical lenses, namely corrective lenses sold through eye care professionals

Cited registration

INDIGOSNOW / INDIGO

spectacles, spectacle cases, spectacle lenses, spectacle settings, spectacle frames, glasses for sport, ski glasses, ski goggles, sunglasses

How the marks compared

DimensionFindingWhat the Board said
soundSimilarINDIGO is the dominant element in all marks; SNOW is a weak addition
appearanceSimilarINDIGO dominates visual impression despite design elements in applicant’s marks
commercial impressionSimilarINDIGO is the dominant commercial impression across all marks

Similar — INDIGO is the dominant element in both applicant’s and registrant’s marks for related optical goods.

du Pont factors that bore on the outcome

#FactorWeightWhat the Board found
1Similarity of the marksDispositive — Favored RefusalMarks are identical or more similar than dissimilar. INDIGO in standard characters is identical to INDIGO in cited mark. Applicant’s design variants (AR design and color design) are more similar than dissimilar to…
2Relatedness of the goods or servicesDispositive — Favored RefusalBoth applicant’s optical corrective lenses and cited goods (spectacles, frames, lenses, glasses for sport, ski glasses, sunglasses) are in Class 9 optical goods. Goods are related and complement each other.
4Conditions of sale and buyer sophistication
corrected from 3. Trade Channels and Conditions of Purchase
Dispositive — Favored RefusalAlthough applicant limited goods to “through eye care professionals,” cited marks are registered without such limitations. Internet evidence shows both corrective lenses and sunglasses sold on same websites. Must…
4Conditions of sale and buyer sophistication
corrected from 3. Trade Channels and Conditions of Purchase
NeutralBoth goods target consumers seeking vision correction or enhancement/protection. Customers are same or overlapping demographic.
4Conditions of sale and buyer sophistication
corrected from 3. Trade Channels and Conditions of Purchase
NeutralNo evidence of purchaser sophistication beyond goods nature. Even careful, sophisticated consumers likely to believe identical/similar marks point to common source when goods are related.
7Nature and extent of actual confusion
corrected from 6. Actual Confusion
NeutralNo discussion of actual confusion evidence in decision.
7Nature and extent of actual confusion
corrected from 6. Actual Confusion
Dispositive — Favored RefusalTotality of circumstances including identical marks, related goods, and common trade channels leads to finding of likelihood of confusion.

5 factor labels were renumbered to match the canonical du Pont list. The extraction's original label is shown beneath.

Why this decision is significant

Precedential consolidated 2(d) affirmance refusing INDIGO in standard-character and two design forms over INDIGOSNOW and INDIGO for related optical goods. Also the decision announcing that internet evidence must include the URL and access date to be considered — a procedural rule of ongoing significance.

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