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Fulwider Patton Helps S A S Safety Prevail Before TTAB in Registration of SAS Mark for Safety Equipment

Fulwider Patton LLP is pleased to report its success in helping its client prevail before the TTAB on behalf of S A S Safety Corp. Senior Fulwider attorney, Vern Schooley, represented S A S Safety.

The USPTO Trademark Attorney had issued a final rejection against S A S Safety's trademark application (serial no. 77868614) for the SAS mark for safety equipment and protective gear based on existing trademark registrations by San Antonio Shoe of SAS for shoes, socks, and clothing such as shirts, jackets and hats.

The TTAB found that S A S Safety's goods in its application for registration were described as having a "protective" or "safety" function and being for "workers." While the cited registrations contained no limits on the specific types of shoes, socks, shirts, jackets and hats within the scope of those registrations, the TTAB held that those registrations did not cover "specialized footwear of the types that a fireman or chemical worker would wear; or the kinds of protective jacket that a fireman, industrial worker, or construction worker might wear." The TTAB also was persuaded that, while there was a possibility that the goods of the respective parties could be sold in the same outlets, customers for Registrant's goods would not immediately consider the outlets for Applicant's goods as a likely place to shop for them given the specialized nature of Applicant's goods and the limited room in the retail outlets for Registrant's goods. The TTAB concluded that there was not a likelihood of confusion because the Applicant's goods "are so different in nature from those of registrant that the use of applicant's mark in connection with such goods in the commercial circumstances in which such goods are expected to be marketed."