USCANTEEN, Inc.

Trademark Trial and Appeal Board

Jul 30, 2010

No. 76695792 (T.T.A.B. Jul. 30, 2010)

Mailed:
July 30, 2010
Bucher
UNITED STATES PATENT AND TRADEMARK OFFICE
________

Trademark Trial and Appeal Board
________

In re USCANTEEN INC.
________

Serial No. 76695792
_______

Lawrence F. Spirn of Spirn & Spirn for USCANTEEN INC.

John E. Michos, Trademark Examining Attorney, Law Office 105
(Thomas G. Howell, Managing Attorney).
_______

Before Bucher, Kuhlke and Walsh, Administrative Trademark
Judges.
Opinion by Bucher, Administrative Trademark Judge:
USCANTEEN INC. seeks
registration on the Principal
Register of the alleged
special form mark shown at the
right, for “non-leaching metal
water bottles sold empty” in
International Class 21.1
This case is now before
the Board on appeal from the

1 Application Serial No. 76695792 was filed on February 13,
2009 based upon applicant’s claims of first use anywhere and
first use in commerce at least as early as November 17, 2008.
Applicant makes no claim to the right to use “uscanteen” apart
from the mark as shown.

THIS OPINION IS NOT A
PRECEDENT OF THE TTAB
Serial No. 76695792
- 2 -
final refusal of the Trademark Examining Attorney to
register this designation based upon Section 2(d) of the
Trademark Act, 15 U.S.C. § 1052(d). The Trademark Examining
Attorney has taken the position that applicant’s mark, when
used in connection with the identified goods, so resembles
the mark USCANTEEN (in standard character format) registered
for “plastic and metal water bottles sold empty”2 also in
International Class 21, as to be likely to cause confusion,
to cause mistake or to deceive.
The Trademark Examining Attorney and applicant have
briefed the issues involved in this case. We affirm the
refusal to register inasmuch as (i) the goods are legally
identical and (ii) the marks are identical as to sound and
substantially the same as to connotation and commercial
impression. It is troubling that applicant and registrant
share the same address [58 School Street, Glen Cove, New
York 11542], and at the time of the appeal, both applicant
and registrant were represented by the same counsel –
although this puzzling set of facts was neither noted by the
Trademark Examining Attorney nor apparently recognized by
applicant’s counsel at the time, Mr. Myron Amer.
Decision: The refusal to register is hereby affirmed.

2 Registration No. 3604558 issued on the Supplemental Register
to Phonecharge International Inc. on April 7, 2009.