Mainstream Property Group, LLC applied to register the mark NEXT HOMES for providing assisted living facilities as well as for providing long-term care facilities and short term rehab facilities for seniors. NextHome, Inc. opposed the application based on its NEXTHOME mark, which was registered for real estate brokerage services.
The Board found that the only differences between the marks were (1) the space between “Next” and “Homes” and (2) the HOMES in the applicant’s mark is plural while the opposer’s mark has HOME singular. The Board concluded that “these minute changes do not distinguish the marks.”
The Board went on to find that there was a likelihood of confusion between the marks because the opposer provided its real estate brokerage services to seniors.
Minor differences, such as word spacing or plurals v. singular word forms, are unlikely to distinguish otherwise similar marks.
Citation: NextHome, Inc. v. Mainstream Property Group, LLC, No. 91231109 (TTAB 2017)