In In re The W.W. Henry Co., L.P., Serial No. 78401595 (January 19, 2007), the U.S. Trademark Trial and Appeal Board held that applicant's mark PATCH & GO in connection with "portland cement based patch for use in patching, repairing or smoothing wall and floor surfaces," was not confusingly similar to the registered mark PATCH N' GO for "chemical filler preparations for use in the cosmetic repair of polyolefin surfaces."The applicant argued that the respective goods are not related because...
