The Trademark Trial and Appeal Board (TTAB) ruled in favor of Finnegan client Combe Inc. in another case involving the company’s VAGISIL trademark. The panel held that Marke Enterprises cannot register “VAGISERT” for its feminine care products, as they are “legally identical” to Combe’s VAGISIL line of feminine care products and therefore would cause confusion in the marketplace. Marke Enterprises argued that “vagi-“ is a generic prefix referring to an anatomic structure, but Combe argued the prefix is not typically used to identify any particular type of product or body part. The TTAB agreed with Combe, citing Combe’s reputation in the market and stating that consumers aren’t conditioned to distinguish between VAGISIL, VAGISTAT, and VAGISERT based on "minute differences."
Read “Vagisil Maker Gets Rival's 'Vagisert' TM Blocked at TTAB”
