In re Simulations Publications, Inc.

I would reverse the decision of the Trademark Trial and Appeal Board (TTAB) affirming the examiner’s ex parte refusal to register appellant’s mark because I see no likelihood of confusion, mistake, or deception within the meaning of § 2(d), 15 U.S.C. § 1052(d).

What we are dealing with here are magazine titles which, realistically, are in a somewhat different category from marks used on the usual run of manufactured products. I am aware that we said that “titles of publications must not be considered any differently than trademarks for other products” in Jenkins Publishing Co. v. Metalworking…