BizSugar.com › Legal › Bars to Trademark Registration – The Issue of “Complimentary” to Goods

The Trademark Trial and Appeal Board (“TTAB”) of the United States Patent and Trademark Office (“USPTO”) recently denied registration for the trademark “EZ GRO” for “living flowers[,] plants and plant seeds” on the grounds that it was too confusingly similar to a pre-existing registered trademark, “EEZY-GRO”, for “flower pots and planters.” The TTAB’s decision reflects an important principle of trademark law that is often not considered by lay trademark applicants.

Registered trademarks enjoy protection not only for the specific goods or services upon which their applications are based, but also for “complimentary” goods and services likely to be encountered by consumers in the relevant marketplace.