Ann L. Dretzka

Trademark Trial and Appeal Board

Aug 28, 2015

No. 86396440 (T.T.A.B. Aug. 28, 2015)

This Opinion is Not a
Precedent of the TTAB

Mailed: August 28, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Dretzka
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Serial No. 86396440
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Gene Bolmarcich of the Law Offices of Gene Bolmarcich,
for Ann L. Dretzka.
Gilbert M. Swift, Trademark Examining Attorney, Law Office 109,
Dan Vavonese, Managing Attorney.
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Before Bergsman, Masiello and Hightower,
Administrative Trademark Judges.

Opinion by Bergsman, Administrative Trademark Judge:
Ann L. Dretzka (“Applicant”) seeks registration on the Principal Register of the
mark INSPIRED GRIT (in standard characters) for “education services, namely,
providing live and on-line coaching, training, seminars, courses, retreats, camps,
and workshops in the field of personal development as it relates to helping people
identify, set, and achieve personal life goals; providing live and on-line coaching in
the field of personal development, namely, life coaching services in the field of self-
Serial No. 86396440
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realization, talent utilization, and finding personal satisfaction in one’s life,” in
International Class 41.1
The Trademark Examining Attorney has refused registration of Applicant’s
mark under Section 2(d) of the Trademark Act of 1946, 15 U.S.C. § 1052(d), on the
ground that Applicant’s mark so resembles the previously registered mark GRIT
(standard character form) for “educational services, namely, developing and
conducting seminars and workshops in the field of leadership, teamwork and
customer service,” in Class 41, as to be likely to cause confusion.2
After the Examining Attorney made the refusal final, Applicant appealed to this
Board. We reverse the refusal to register.
Our determination under Section 2(d) is based on an analysis of all of the
probative facts in evidence that are relevant to the factors bearing on the issue of
likelihood of confusion. In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177
USPQ 563, 567 (CCPA 1973). See also In re Majestic Distilling Co., Inc., 315 F.3d
1311, 65 USPQ2d 1201, 1203 (Fed. Cir. 2003). In any likelihood of confusion
analysis, two key considerations are the similarities between the marks and the
similarities between the services. See Federated Foods, Inc. v. Fort Howard Paper
Co., 544 F.2d 1098, 192 USPQ 24, 29 (CCPA 1976) (“The fundamental inquiry
mandated by § 2(d) goes to the cumulative effect of differences in the essential
characteristics of the goods and differences in the marks.”). These factors, and any

1 Application Serial No. 86396440 was filed on September 16, 2014, based upon Applicant’s
claim of first use anywhere at least as early as April 1, 2013 and first use in commerce since
at least as early as August 3, 2014.
2 Registration No. 3950161, registered February 8, 2011.
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other du Pont factors relevant in the proceeding now before us, will be considered in
this decision.
A. The similarity or dissimilarity of the marks in their entireties as to
appearance, sound, connotation and commercial impression.
We turn first to the du Pont likelihood of confusion factor focusing on the
similarity or dissimilarity of the marks in their entireties as to appearance, sound,
connotation and commercial impression. In re E. I. du Pont De Nemours & Co., 177
USPQ at 567. In a particular case, “two marks may be found to be confusingly
similar if there are sufficient similarities in terms of sound or visual appearance or
connotation.” Kabushiki Kaisha Hattori Seiko v. Satellite Int’l, Ltd., 29 USPQ2d
1317, 1318 (TTAB 1991), aff’d mem., 979 F.2d 216 (Fed. Cir. 1992) (citation
omitted). See also Eveready Battery Co. v. Green Planet Inc., 91 USPQ2d 1511, 1519
(TTAB 2009) (citing Krim-Ko Corp. v. Coca-Cola Co., 390 F.2d 728, 156 USPQ 523,
526 (CCPA 1968) (“It is sufficient if the similarity in either form, spelling or sound
alone is likely to cause confusion.”)).
In comparing the marks, we are mindful that “[t]he proper test is not a side-by-
side comparison of the marks, but instead ‘whether the marks are sufficiently
similar in terms of their commercial impression’ such that persons who encounter
the marks would be likely to assume a connection between the parties.” Coach
Servs. Inc. v. Triumph Learning LLC, 668 F.3d 1356, 101 USPQ2d 1713, 1721 (Fed.
Cir. 2012). See also San Fernando Electric Mfg. Co. v. JFD Electronics Components
Corp., 565 F.2d 683, 196 USPQ 1, 3 (CCPA 1977); Spoons Restaurants Inc. v.
Serial No. 86396440
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Morrison Inc., 23 USPQ2d 1735, 1741 (TTAB 1991), aff’d mem., 972 F.2d 1353 (Fed.
Cir. 1992).
The marks are similar in appearance and sound because they both include the
word “Grit” and different because Applicant’s mark includes the additional word
“Inspired.” Thus, Applicant’s mark incorporates the entirety of Registrant’s mark.
While there is no explicit rule that likelihood of confusion automatically applies
where a junior user’s mark incorporates the entirety of another mark, the fact that
the cited registered mark is subsumed by Applicant’s mark increases the similarity
between the two. See, e.g., In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1271
(TTAB 2009) (applicant’s mark VANTAGE TITAN for medical magnetic resonance
imaging diagnostic apparatus confusingly similar to TITAN for medical ultrasound
diagnostic apparatus); In re El Torito Rests., Inc., 9 USPQ2d 2002, 2004 (TTAB
1988) (applicant’s mark MACHO COMBOS for food items confusingly similar to
MACHO for restaurant entrees); In re Riddle, 225 USPQ 630, 632 (TTAB 1985)
(RICHARD PETTY’S ACCU TUNE for automotive service centers confusingly
similar to ACCU-TUNE for automotive testing equipment).
The fact that Applicant’s mark INSPIRED GRIT includes the adjective
“Inspired” to modify the word “Grit” suggests that Applicant’s INSPIRED GRIT
services may be a variation of Registrant’s services. Cf. In re United States Shoe
Corp., 229 USPQ 707, 709 (TTAB 1985) (applicant’s CAREER IMAGE for women’s
clothing stores and women’s clothing likely to cause confusion with CREST
CAREER IMAGES for uniforms including items of women's clothing - the Board
Serial No. 86396440
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observed that “Applicant’s mark would appear to prospective purchasers to be a
shortened form of registrant’s mark.”).
The word “grit” is defined, inter alia, as “firmness of character; indomitable
spirit; pluck.”3 The word “inspired” is defined as “aroused, animated, or imbued
with the spirit to do something, by or as if by supernatural or divine influence.”4
The registered mark means and engenders the commercial impression of a person
with a strong will and Applicant’s mark means and engenders the commercial
impression of a person with an even stronger will. Thus, the marks have similar
meanings and engender similar commercial impressions.
In view of the foregoing, we find that the similarity in appearance and sound of
the marks outweighs the dissimilarities; and that the marks have similar
connotations and commercial impressions.
B. The similarity or dissimilarity and nature of the services.
“This factor considers whether ‘the consuming public may perceive [the
respective goods and services of the parties] as related enough to cause confusion
about the source or origin of the goods and services.’” In re St. Helena Hosp., 774
F.3d 747, 113 USPQ2d 1082, 1086 (Fed. Cir. 2014) (quoting Hewlett-Packard Co. v.
Packard Press, Inc., 281 F.3d 1261, 62 USPQ2d 1001 (Fed. Cir. 2002)). In making
our determination regarding the relatedness of the services, we must look to the
services as identified in the application and the cited registration. See Octocom Sys.,
Inc. v. Houston Computers Servs., Inc., 918 F.2d 937, 16 USPQ2d 1783, 1787 (Fed.

3 Dictionary.com attached to the January 12, 2015 Office Action.
4 Id.
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Cir. 1990); In re Giovanni Food Co., 97 USPQ2d 1990, 1991 (TTAB 2011). It is
sufficient that the respective services are related in some manner, and/or that the
conditions and activities surrounding the marketing of the services are such that
they would or could be encountered by the same persons under circumstances that
could, because of the similarity of the marks, give rise to the mistaken belief that
they originated from the same producer. In re Melville Corp., 18 USPQ2d 1386
(TTAB 1991).
Applicant is rendering educational services to help people achieve life goals, self-
realization, talent utilization, and personal satisfaction. Registrant, on the other
hand, is providing educational services in the field of “leadership, teamwork and
customer service.” The Trademark Examining Attorney argues that the services are
related “because (1) both applicant and registrant provide educational services,
providing seminars and workshops, and (2) the parties’ seminars and workshops of
the parties are both in the same field, i.e. personal development of life skills such as
leadership and teamwork.”5
First, the fact that both services are educational, providing seminars and
workshops, does not in-and-of-itself make the services related. See Bose v. QSC
Audio, 293 F.3d 1367, 63 USPQ2d 1303, 1310 (Fed. Cir. 2002) (“a broad general
market category is not a generally reliable test of relatedness of products”); Harvey
Hubbell, Inc. v. Tokyo Seimitsu Co., 188 USPQ 517, 520 (TTAB 1975) (“In
determining whether products are identical or similar, the inquiry should be

5 6 TTABVUE 11.
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whether they appeal to the same market, not whether they resemble each other
physically or whether a word can be found to describe the goods of the parties.”).
Second, Applicant’s educational services do not involve “life skills such as
leadership and teamwork.” As indicated above, Applicant’s seminars are in the field
of helping people achieve life goals, self-realization, talent utilization, and personal
satisfaction.
Nevertheless, we examine the evidence submitted by the Trademark Examining
Attorney to determine whether the conditions surrounding the marketing of
Applicant’s educational services in the field of helping people achieve life goals, self-
realization, talent utilization, and personal satisfaction, on the one hand, and
Registrant’s educational services in the field of “leadership, teamwork and customer
service,” on the other hand, are such that they would be encountered by the same
persons under circumstances that could give rise to the mistaken belief that they
originate from a common source.
The Trademark Examining Attorney submitted an excerpt from one third-party
website that arguably includes the services of both Applicant and Registrant: the
Outward Bound “Southwest Leadership Semester” (outwardbound.org).6 The
Outward Bound “Southwest Leadership Semester” website advertises a “50-day
journey through the mountains, canyons, deserts, and rivers of one of the most
beautiful and geologically stunning landscapes in the world” for “individuals
seeking to begin a career in outdoor adventure education or those looking to find

6 February 25, 2014 Office Action.
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personal growth by challenging themselves with the Outward Bound way.” The
course is “designed to develop outdoor skills and to enhance your leadership and
communication abilities.”
The ultimate focus of the semester is character
development and effective leadership. As on all Outward
Bound courses, the Southwest Leadership Semester uses
wilderness adventure to develop leadership, self-
confidence, compassion, service, fitness, and educational
skills. Of this course in particular, you will focus on
developing the confidence, knowledge, and integrity
essential for effective leadership.
However, the “Southwest Leadership Semester” is a “Gap Year and Semester
expedition” which lasts up to three months and, therefore, participants must be
“highly motivated.”
We review the other third-party websites below:
A. December 29, 2014 Office Action7
1. The ICRA website (icra-edu.org) does not offer educational services,
but provides links to information regarding “Personal Skills, Teamwork,
Facilitation and Leadership.” The closest link this website provides to Applicant’s
field of personal development is “Personality theories, types and tests.” The
webpage provides the following information:
“knowledge [of personality theories] helps to develop self-
awareness and also to help others to achieve greater self-
awareness and development too”. Great page to start if
you want know about personality types.

7 We do not consider the LMA website (leadershipmanagement.com.au) because it is an
Australian website and there is no evidence that U.S. consumers would engage an
Australian company for the educational services at issue in this appeal.
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This website is a resource for management information including personal skills
that are useful in improving management techniques.8 It does not offer links useful
for someone looking for personal development of self-realization, talent utilization,
and finding personal satisfaction in one’s life. Thus, one searching for self-
realization, talent utilization, and finding personal satisfaction in one’s life is not
likely to utilize this website.
2. The Synthesis Management Group website (getsynthesis.com)
advertises its leadership and team development services for organizations.9 It offers
a “Personal Development Workshop” directed toward improving one’s management
skills (e.g., “Self Leadership,” “Individual Development Strategies [Communication
Peer-to-Peer, Facilitation Skills for Individual Contributors, Effective
Presentations, etc.]” “Strategies for Successful Results,” and “Professional
Transitions”). While in the abstract Synthesis Management Group is offering
training toward personal satisfaction and life goals, it does so in the milieu of
business leadership, not personal self-realization, talent utilization, and finding
personal satisfaction in one’s life.
3. The Skill Path website (skillpath.com) offers seminars in the field of
“personal development/communication” for purposes of improving business skills.
Its advertising tagline is “Professional business training since 1989.”

8 The copyright notice reads as follows: © ICRA: International Centre for development
oriented Research in Agriculture.
9 “Our Leadership Learning focus to create effective learning environments at any level in
an organization through [various] practices.”
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4. The Center for Management & Organization Effectiveness (cmoe.com)
advertises its leadership development and teamwork building expertise.
B. February 25, 2015 Office Action
1. An excerpt from the Franklin Covey store website (franklincovey.com)
advertises materials for developing organization leadership skills, trust,
communication, and other business skills.
2. The Alison “certified learning” website (alison.com) offers online
courses in business leadership skills and “Achieving Personal Success.” The purpose
of Achieving Personal Success is how to overcome inertia and keep a fresh
perspective in all your endeavors.
To rely on the similarity of the services as a basis for refusing registration, the
Trademark Examining Attorney must come forth with a persuasive evidentiary
showing of relatedness of the services at issue. In re St. Helena Hosp., 113 USPQ2d
at 1086. The evidence does not support a finding that the services are related
because, with the exception of the Outward Bound website and perhaps the
Synthesis Management Group, none of the third-party websites submitted by the
Trademark Examining Attorney show anything approaching Applicant’s
educational services in the field of helping people achieve life goals, self-realization,
talent utilization, and personal satisfaction. There is little, if any, basis on this
evidentiary record to find that the relevant public would encounter both marks
under circumstances likely to give rise to the mistaken belief that the services
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emanate from the same source. In other words, the Examining Attorney has not
established that the same consumers would encounter both marks.
C. The conditions under which and buyers to whom sales are made, that is,
“impulse” vs. careful, sophisticated purchasing.
Although Applicant did not submit any evidence regarding the degree of
purchaser care, the inherent nature of the educational services implies that there
will be an elevated degree of purchaser care. For example, relevant purchasers will
have a specific need for an education program for personal development, leadership,
teamwork and customer service; educational services are not an ordinary purchase
or acquisition and will require the purchaser’s focused attention; purchasers will
compare the offerings from various providers in the relevant field to ensure that the
selected service covers the appropriate subject matter; the educational services may
be essential to the purchaser’s business or personal well-being; and the evidence of
record indicates that the services will not be inexpensive. The Outward Bound
services are over $7,000, the Alison course offerings were part of a program for
achieving a diploma or certification of completion,10 the Franklin Covey courses
ranged from one hour to two days and from $65 to $1895, and CMOE courses
ranged from one to multiple day formats or could be taken in modules over an
extended period of time. In short, the educational services at issue are not impulse
purchases.

10 The Alison course offerings are part of a larger program wherein the “students” work
toward an Alison diploma or certificate wherein “you must study and complete all modules
and score 80% or more in each of the course assessments.”
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D. Balancing the factors.
Because the record does not prove that the services are related or will be
encountered by the same consumers and because we find that the consumer will
exercise an elevated degree of purchasing care, Applicant’s mark INSPIRED GRIT
for “education services, namely, providing live and on-line coaching, training,
seminars, courses, retreats, camps, and workshops in the field of personal
development as it relates to helping people identify, set, and achieve personal life
goals; providing live and on-line coaching in the field of personal development,
namely, life coaching services in the field of self-realization, talent utilization, and
finding personal satisfaction in one's life” is not likely to cause confusion with the
registered mark GRIT for “educational services, namely, developing and conducting
seminars and workshops in the field of leadership, teamwork and customer service.”
Decision: The refusal to register Applicant’s mark INSPIRED GRIT is reversed.