RushNet Inc (RSHN)

[Hesmybrother]

Applicant’s mark is EWATER. The mark in Registration No. 4637585 is HILAND PREMIUM EWATER. The mark in Registration No. 3218737 is WHOLE E WATER. These marks are similar.


Applicant’s goods are “Electrolyte-enhanced drinking water; Drinking water.” Both registrants’ goods are “Bottled drinking water.” These goods are related.


Conclusion


Given that the applied-for mark is confusingly similar to the registrants’ marks in sound and appearance and that applicant’s goods are related to registrants’ goods, applicant is rightly refused registration under Section 2(d) for a likelihood of confusion.