Intellectual Property Case Tracker

Likelihood of Confusion: In re Prim LLC

The Board reversed a refusal to register the mark HOUSE OF PRIM for goods and services related to home organization and design, finding that confusion was not likely in connection with PRIM for home organization services. The Board found that a prior settlement between the applicant and the cited registrant outweighed all other likelihood of confusion factors, stating that the tenth DuPont factor, the market interface between the applicant and registrant factor, took precedent. In the settlement agreement, the owners of the mark agreed that the applicant’s mark would not create confusion; the Examining Attorney argued that the settlement agreement did not function as a consent to registration of the applications, but the Board observed that there was no authority requiring a consent agreement to discuss all relevant factors. Thus, the Board gave substantial weight to the settlement agreement and permitted weight of the mark.

In re Prim LLC, Serial Nos. 98301711, 98301726, 98301752, 98301773, 98301804 (March 27, 2026) [not precedential]