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Decisions · 87040022

PrecedentialLandmarkNo later change on its docket

In re American Cruise Lines, Inc.

Serial No. 87040022 · Decided 2018-10-03 · Section 2(d) Ex Parte Appeal

What happened

The Board allowed AMERICAN CONSTELLATION to proceed to registration for cruise ship services over the cited marks CONSTELLATION and CELEBRITY CONSTELLATION, finding that even though the marks were similar and the services identical, cruise passengers research and plan carefully before buying, and the two companies' detailed agreement not to confuse consumers outweighed those similarities.

The marks

Applicant

AMERICAN CONSTELLATION

"cruise ship services; transportation of passengers by ship; arranging and conducting cruises for others," in Class 39

Cited registration

CONSTELLATION;CELEBRITY CONSTELLATION

"cruise ship services, arranging and conducting cruises for others, and transportation of passengers by ship," in Class 39

How the marks compared

DimensionFindingWhat the Board said
soundSimilarAMERICAN CONSTELLATION contains the entirety of CONSTELLATION.
appearanceSimilarThe cited mark CONSTELLATION is entirely subsumed within Applicant’s mark AMERICAN CONSTELLATION.
meaningSimilarCONSTELLATION is arbitrary as to cruise services; adding AMERICAN yields a similar meaning of an American star or group.
commercial impressionSimilarThe Board found the marks similar in their entireties in commercial impression.

Similar

du Pont factors that bore on the outcome

#FactorWeightWhat the Board found
1Similarity of the marksFavored RefusalThe marks were found similar in appearance, sound, connotation, and commercial impression.
2Relatedness of the goods or servicesFavored RefusalThe cruise ship services are identical, weighing in favor of confusion.
4Conditions of sale and buyer sophisticationDispositive — Favored ApplicantCruise passengers exercise a heightened degree of purchasing care, corroborated by unrebutted testimony from both companies' officers.
10Market interface between applicant and owner of a prior markDispositive — Favored ApplicantThe parties‘ detailed, record-corroborated consent agreement was not a ’naked' consent and weighed heavily against finding likely confusion.

Why this decision is significant

Precedential reversal providing the Board’s fullest modern guidance on when a consent agreement is not ‘naked’ and may dominate the confusion analysis, and on crediting industry-insider testimony of careful cruise-purchase decisions; factors 4 and 10 carried the day over similar marks for identical services; cited in later consent-agreement disputes.

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

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