On My Mind Blog

Mrs. Claus Cookie Company, LLC filed three use-based applications to register MRS. CLAUS, MRS. CLAUS COOKIES, and MRS. CLAUS COOKIE COMPANY (with a disclaimer of the exclusive right to COOKIES and BAKING COMPANY) (1) as a trademark for various goods including “chocolate for confectionery and bread,” and (2) as a service mark for services including “classes in the field of culinary arts.”

The Trademark Examining Attorney refused registration on the ground that there was a likelihood of confusion with the previously registered trademark MRS. CLAUS (in standard characters and in script) for “Yeast; Baking powders; Baking spices; Confectionery chips for baking.”

The applicant appealed.  The TTAB consolidated the proceedings since there were common questions of law and fact.  It affirmed the refusal of registration as to the goods, but it reversed the refusal as to the services.

The TTAB began by considering the strength of the registered mark.  It found MRS. CLAUS to be arbitrary as applied to the goods recited in the registration, so the registered mark was conceptually strong.  The record contained only a single prior registration of another relevant mark, consisting of MRS. S. CLAUS plus other wording, for chocolate bars.  The TTAB found this single registration for a different mark to be insufficient to weaken the commercial strength of the registered mark. 

In comparing the registered mark with the applied-for marks, the TTAB found them wholly or in part legally identical.

As for the goods, the TTAB found the registrant’s goods “confectionery chips for baking” legally identical to the applicant’s goods “chocolate for confectionery and bread.”   It also found the non-identical goods to be related, and all of the goods to be presumed to travel in the same channels of trade and to the same purchasers.  There was no evidence of a heightened degree or care or sophistication of the purchasers for these goods.  Accordingly, the TTAB found that there was a likelihood of confusion as to the goods.

In contrast, there was no evidence that purchases of registrant’s baked goods would perceive the applicant’s culinary education services as related.  Moreover, the TTAB found that consumers were likely to exercise care in selecting educational services.  Therefore, the TTAB concluded that there was not a likelihood of confusion when the applicant’s marks were used for its services simultaneously with the use of the registrant’s mark for its goods.

Thus, the applicant seeking registration of the MRS. CLAUS marks received half a loaf—the TTAB permitted the applications to go forward only as the to the services, but not as to the goods. 

In re Mrs. Claus Cookie Company, LLC, Application No. 97550335 (T.T.A.B. September 16, 2024).

Author’s Note:

Compare this result with the result in the TTAB decision issued three days earlier by a different panel of Administrative Trademark Judges in In re Christian Michael Montemurro-Navarro. Application No. 97407965 (T.T.A.B. September 13, 2024):  The TTAB affirmed the refusal of a use-based application to register KID CHRISTIAN as a trademark for clothing items and also as a service mark for wrestling entertainment services.  This decision was based on the ground that there would be a likelihood of confusion with CHRISTIAN registered for services that included providing wrestling news.  The evidence demonstrated that multiple parties offer wrestling-related services and clothing items under the same mark.

Are clothing and wrestling matches more related than baked goods and culinary arts classes? 

Bah Humbug!  (Of course, these different results may be explained by the differences in the evidence of record in these respective proceedings.)

For further information, please contact William M Borchard or your CLL attorney.