In a decision that is not citable, the TTAB, reversed a final refusal by the examining attorney, and found that INTELICASH for consumer debit card services, and INTELECASH for electronic tracking and accounting for businesses of prepayed debit card transactions were not confusingly similar. While the Board found that the marks were visually and aurally identical, or nearly so, it determined that the consumers and channels of trade in which each company operated were distinct. Accordingly, and notwithstanding the similarities in the marks, the Board reversed the decision of the examining attorney.
While on its face the case does not reveal any new or interesting law, it does remind the trademark world that many factors are considered when determining whether marks are confusingly similar. In this case, the marks were practically identical, but the board turned to other factors to conclude that co-existence without confusion is possible.
Practice Tip: The proceeding is not citable, but it is worth reviewing for the citable trademark law outlined by the Board.