Federal Circuit Affirms TTAB Decision Finding Likelihood of Confusion Between SPARK LIVING and SPARK Marks

In re Charger Ventures LLC, No. 2022-1094 (Fed. Cir. April 13, 2023), the Federal Circuit affirmed the TTAB’s decision denying registration of Charger’s trademark SPARK LIVING due to the likelihood of confusion with the earlier registered SPARK trademark.

The examining attorney refused to register SPARK LIVING for real estate, specifically rental property management, because SPARK had been previously registered for commercial property real estate services. Charger appealed the refusal to the TTAB and filed a request for reconsideration. The Board denied the request and affirmed the refusal.

On appeal, Charger challenged the Board’s factual findings on each DuPont factor, asking the CAFC to reweigh the evidence the Board considered. The Federal Circuit declined to do so, explaining that the legal question of likelihood of confusion is reviewed de novo, but the Board’s factual findings on each DuPont factor are reviewed for substantial evidence. The Court found that the Board properly considered each DuPont factor and had sufficient evidence to support its factual findings as to each factor. The Court did note that the Board failed to explain the weight of each factor on the ultimate decision, but nevertheless found that the Board’s reasoning was ascertainable and, on balance, sufficient evidence supported the Board finding a likelihood of confusion. Thus, the Court affirmed the Board’s decision.