Finding a likelihood of confusion with the registered CLAIM WATCH and Design mark for “Tracking and monitoring the status of insurance claims for business purposes”; the USPTO had refused to register CLAIM WATCHER for “Health benefit plan services, namely, insurance administration services, namely, assisting others with adjusting insurance claims in the nature of repricing health insurance claims” (Class 36) and for “Legal services, namely, legal consulting and defense relating to health insurance claims” (Class 45). In re Homestead Strategic Holdings, Inc., Ser. No. 90263580 (TTAB May 17, 2023).

On appeal. the TTAB found that, considered in their entireties, the marks were similar in appearance, sound, connotation, and commercial impression.

But, the fact that all of the involved services “pertain to the complicated, multi-faceted world of insurance in some way is not enough to show that they would be perceived as originating from the same source when offered under similar marks.”

So, the TTAB found that the marks were similar, but the respective services were not related.

On this record, there is simply no evidence that the similar CLAIM WATCHER and CLAIM WATCH and design marks would be exposed to the same consumers when used respectively in connection with the “Health benefit plan services, namely, insurance administration services, namely, assisting others with adjusting insurance claims in the nature of repricing health insurance claims” or “Legal services, namely, legal consulting and defense relating to health insurance claims” identified in the application, and the “tracking and monitoring the status of insurance claims for business purposes” identified in the cited registration, or that consumers have become accustomed to seeing the same marks used in connection with those sets of services. Our finding under the second DuPont factor that the services are dissimilar outweighs our finding under the first DuPont factor that the marks are similar, because while there are several points of similarity between the marks, there is little to no relationship between the services, leading us to conclude that confusion is not likely. Cf. Morgan Creek Prods., Inc., Foria Int'l, Inc., 91 USPQ2d 1134, 1143 (TTAB 2013) (dissimilarity of the parties' goods was “the dispositive factor in this case.”).

Accordingly, the TTAB reversed the refusal to register.

As discussed a few days earlier, the TTAB also dismissed an opposition where the marks were found to be similar, but the goods and services were found to be unrelated. Daniel J. Fountenberry v. Life of Ease LLC, Opp. No. 91270132 (TTAB May 8, 2023) (similar COTEACHER formative marks for software licensing services on one hand, and education-related goods and services on the other.

Thomas P. Howard, LLC is experienced in trademarks nationwide including in Colorado.