Hygiene Systems, Inc.

Trademark Trial and Appeal Board

Feb 27, 2001

No. 75529277 (T.T.A.B. Feb. 27, 2001)

2/27/01
Paper No. 9
EWH/AKP
UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Hygiene Systems, Inc.
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Serial No. 75/529,277
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Edward W. Rilee of Rhodes, Coats & Bennett, L.L.P. for
Hygiene Systems, Inc.
Martha L. Fromm, Trademark Examining Attorney, Law Office
106 (Mary Sparrow, Managing Attorney)
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Before Hanak, Chapman and Drost, Administrative Trademark
Judges.
Opinion by Hanak, Administrative Trademark Judge:
Hygiene Systems, Inc. (applicant) seeks to register
NATURE SAVER in typed drawing form for “paper, namely
toilet tissue and paper towels.” The application was filed
on July 31, 1998 with a claimed first use date of October
1996.
Citing Section 2(d) of the Trademark Act, the
Examining Attorney has refused registration on the basis
that applicant’s mark as applied to toilet tissue and paper
towels is likely to cause confusion with the identical mark
THIS DISPOSITION
IS NOT CITABLE AS PRECEDENT
OF THE T.T.A.B.
Ser. No. 75/529277
2
NATURE SAVER, previously registered in typed drawing form
for a wide array of paper products. To be more specific,
the Examining Attorney has cited three registrations for
the mark NATURE SAVER, all owned by S.P. Richards Company.
Registration Nos. 1,681,168; 1,787,494; and 2,118,611.
When the refusal to register was made final, applicant
appealed to this Board. Applicant and the Examining
Attorney filed briefs. Applicant did not request a
hearing.
Some of the many goods covered by cited Registration
No. 1,787,494 include “paper towels and tissues.” Thus,
applicant seeks to register the identical mark for
identical goods (paper towels) and for goods (toilet
tissue) which are encompassed by the word “tissues” in this
particular cited registration.
When identical marks are use on identical goods,
confusion is not merely likely, rather it is certain.
We need not consider whether the use of applicant’s mark
for toilet tissue and paper towels is likely to cause
confusion with the use of registrant’s identical mark for
other types of paper products.
Decision: The refusal to register is affirmed.