Ann Peterson applied to register the word-and-design mark REAL ORANGE for Christian ministry services in class 45.
The reThink Group, Inc opposed the registration based on its prior registration for the word-and-design mark of ORANGE for electronic downloadable publications and prerecorded media, print material, and educational services related to church ministry, among other services in class 9, 16, and 41.
One factor in determining whether there is a conflict between two marks is whether the goods/services provided under the respective marks are similar.
Peterson argued her services were different from the goods and services of reThink’s mark because they were in different International Classes: class 45 in Peterson’s case and Classes 9, 16, and 41 in reThink’s case. Each trademark applicant must (1) provide a description of goods and/or …