"The Federal Circuit affirmed the Trademark Trial and Appeal Board's finding of no likelihood of confusion between Fuente's registered standard character 'X' marks for cigars and Vaporous's applied-for design mark for oral vaporizers, emphasizing that the dissimilarity of the marks outweighed other factors."
"Fuente Marketing, a family-owned company, holds two standard character registrations for the letter 'X' covering various cigar-related products, which grants them protection in any font, size, or color."
The Federal Circuit affirmed the TTAB's decision that there was no likelihood of confusion between Fuente Marketing's registered 'X' marks for cigars and Vaporous Technologies' design mark for vaporizers. The court emphasized that the dissimilarity of the marks was significant enough to outweigh other factors that could suggest confusion. Fuente holds registrations for the letter 'X' in any font, while Vaporous applied for a design mark for its vaporizers, leading to the opposition based on Section 2(d) of the Lanham Act.
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