The Board affirmed a refusal to register the mark COLDTOUCH for "pillows, bed toppers" and "mattress pads," finding a likelihood of confusion with the registered mark COOL TOUCH (in standard character form) for "mattresses." Applicant conceded that the involved goods are similar, but contended that "cold" and "cool" have different meanings. Would you have appealed? In re Perry Textiles Inc., Serial No. 86360156 (December 14, 2015) [not precedential].Third-party use-based registrations covering both applicant's and registrant's goods convinced the Board that the involved goods are related and complimentary in nature.As to t he marks, applicant maintained that its mark "creates a commercial impression of its products being refrigerated or actually cold to the touch" whereas COOL TOUCH "creates a commercial impression of merely being cold when one feels the product." Moreover, "cool" has…
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