In re St. Helena Hospital

Case Number: CLB0358

Date: 12.16.2014

Citation: No. 2014-1009 (Fed. Cir. 2014)

The Fed. Circuit reversed the Board’s refusal to register the mark TAKETEN in view of a registered mark TAKE 10!. Although the marks are similar, substantial evidence did not support the USPTO’s refusal to register the TAKETEN mark given the dissimilarities in the respective services and goods and the high degree of consumer care.

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