In a rare registration refusal reversal (try saying that three times fast) the Trademark Trial and Appeal Board in In re Biowish Technologies International Inc. found certain cleaning products to be unrelated. Yes, I said “unrelated.”
The applicant applied to register the mark BIOWISH GARD’N FRESH for “fruit and vegetable wash.” The examining attorney cited a prior registered mark for GARDEN FRESH in connection with “cleaning preparations for household purposes.” The examining attorney argued that a “household purpose” is broad enough to encompass washing fruits or vegetables. The Trademark Trial and Appeal Board disagreed.
The Board found that a “household purpose” is limited to cleaning the home not fruits and vegetables. And while both goods are for a cleaning product, that similarity alone was insufficient to conclude the goods at issue are related.