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Combinations and Components: Determining Similarity in TTAB Proceedings

By Mark D. Robins

In determining whether competitors' trademarks are confusingly similar, some of the most vexing issues involve comparisons between marks that contain multiple terms or components, and comparisons between multiple marks. A pair of recent decisions by the Federal Circuit and the Trademark Trial and Appeal Board ('TTAB') clarifies how these issues should be approached. In Schering-Plough HealthCare Products, Inc. v. Huang, 2007 TTAB LEXIS 67 (TTAB June 18, 2007), the TTAB synthesized various precedents governing challenges to a trademark application based on combinations of separately registered marks. In China Healthways Institute, Inc. v. Wang, 2007 U.S. App. LEXIS 14815 (Fed. Cir. June 22, 2007), the Federal Circuit clarified the antidissection rule governing marks with multiple components.

Combination Claims

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