Todson, Inc.

Trademark Trial and Appeal Board

Mar 16, 2005

No. 76451248re (T.T.A.B. Mar. 16, 2005)

Mailed 3/16 /2005

THIS OPINION IS NOT CITABLE
AS PRECEDENT OF
THE TTAB

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Todson, Inc.
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Serial No. 76451248
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Request for Reconsideration
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Myron Amer for Todson, Inc.

Elissa Garber Kon, Trademark Examining Attorney, Law Office
116 (Meryl Hershkowitz, Managing Attorney).
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Before Seeherman, Hanak and Bottorff, Administrative
Trademark Judges.

Opinion by Hanak, Administrative Trademark Judge:

Todson, Inc. (applicant) filed a timely Request for
Reconsideration of this Board’s decision of September 9,
2004 affirming the Examining Attorney’s refusal to register
applicant’s mark BRUTE for “bicycle locks.” Citing Section
2(d) of the Trademark Act, the Examining Attorney properly
refused registration on the basis that applicant’s mark, as
applied to bicycle locks, is likely to cause confusion with
Ser. No. 76451248
2
the mark THE BRUTE, previously registered for “locks.”
Registration No. 1,039,107.
To be quite frank, we do not understand the basis for
applicant’s Request for Reconsideration. At no point in
its very brief Request for Reconsideration has applicant
disputed the Board’s finding that applicant’s mark (BRUTE)
is “essentially identical” to the registered mark (THE
BRUTE).
As best this Board can discern, applicant is merely
repeating its earlier argument that registrant’s actual
locks are dissimilar from bicycle locks (applicant’s
goods). In our decision of September 9, 2004, we explained
at great length as to why applicant’s argument was legally
deficient. The description of goods in the cited
registration (locks) is a very broad and yet easily
understood description. Obviously, the description of
goods in the cited registration (locks) encompasses locks
of all types including bicycle locks (applicant’s goods).
Decision: The Request for Reconsideration is denied.