Perfect Fit Industries, Inc.

Trademark Trial and Appeal Board

Jul 7, 1997

EX (T.T.A.B. Jul. 7, 1997)

THIS DIPOSITION IS NOT
CITABLE AS PRECEDENT OF THE TTAB JULY 7, 1997
Paper No. 10
RLS/King
U.S. DEPARTMENT OF COMMERCE
PATENT AND TRADEMARK OFFICE
________
Trademark Trial and Appeal Board
________
In re Perfect Fit Industries, Inc.
________
Serial No. 74/522,760
_______
Joel G. Goldhammer of Panitch Schwarze Jacobs & Nadel for
Perfect Fit Industries, Inc.
John Tingley, Trademark Examining Attorney, Law Office 102
(Myra K. Kurzbard, Managing Attorney).
_______
Before Simms, Hairston and Walters, Administrative Trademark
Judges.
Opinion by Simms, Administrative Trademark Judge:
Perfect Fit Industries, Inc. (applicant) has appealed
from the final refusal of the Trademark Examining Attorney
to register the mark HOME COMFORT for pillows and chair
cushions in International Class 20 and mattress pads in
International Class 24.1 Applicant has disclaimed exclusive
right to use "HOME" apart from the mark. The Examining

1 Serial Number 74/522,760, filed May 10, 1994, based upon
applicant’s bona fide intention to use the mark in commerce
under Section 1(b) of the Act, 15 USC 1051(b).
Ser No. 75/522,760
2
Attorney has refused registration under Section 2(d) of the
Act, 15 USC 1052(d), on the basis of Registration Number
1,827,045, issued March 15, 1994, for the mark HOME COMFORT
FURNITURE & MATTRESS CENTER ("HOME" and "FURNITURE AND
MATTRESS CENTER" disclaimed) for retail furniture store
services.
The Examining Attorney argues that confusion is likely
because of the similarities of the marks and the goods and
services. With respect to the goods, the Examining Attorney
contends that mattress pads and mattresses (presumably sold
in registrant’s furniture and mattress stores) are
complementary products used in the home furnishings field.
The Examining Attorney has made of record a copy of a page
from a yellow pages directory showing that a retail
furniture store also sells mattresses. The Examining
Attorney argues that many furniture stores also sell
mattress pads, cushions and pillows. The Examining Attorney
argues, brief, 6:
Although the respective marks differ, it
is the Examining Attorney's belief that
consumers are likely to ascribe these
differences not in the fact that the
goods and services came from different
sources but to differences in the goods
and services themselves. Consumers
familiar with registrant's HOME COMFORT
FURNITURE & MATTRESS CENTER for "retail
furniture store services" may well believe,
upon viewing the mark HOME COMFORT, that
registrant has modified or streamlined its
mark to better suit it for such furniture
or mattress store services or simply to
indicate a complete line of furniture and
Ser No. 75/522,760
3
mattresses.
Applicant, on the other hand, while conceding that some
furniture outlets sell pillows, cushions and mattress pads,
argues that there is no indication that registrant itself
produces any such products under an abbreviated version of
its mark.
Further, it is unlikely that the consuming
public would perceive that a local furniture
store produced their [sic] own line of
nationally distributed pillows, chair cushions
and mattress pads. Such is the situation
that could exist but not what is likely.
(Brief, 3)
Applicant contends that confusion is no more than a mere
possibility.
Upon careful consideration of this record and the
arguments of the attorneys, we agree with the Examining
Attorney that confusion is likely. Giving greater weight to
the origin-indicating feature of registrant’s mark and less
weight to the descriptive and disclaimed features thereof
("FURNITURE & MATTRESS CENTER"), and considering the close
relationship between applicant’s mattress pads and other
goods and registrant’s retail furniture store services, we
conclude that applicant’s mark so resembles the registered
mark that, as applied to applicant’s goods, confusion is
likely.
Decision: The refusal of registration is affirmed.
R. L. Simms

Ser No. 75/522,760
4
P. T. Hairston
C. E. Walters
Administrative Trademark
Judges, Trademark Trial
and Appeal Board
Ser No. 75/522,760
5