In re Marini y Compañía, S.A.

In re Marini y Compañía, S.A. The Federal Circuit affirmed, holding that substantial evidence supported the Board’s finding that the MON AMI marks were similar to AMÌ under DuPont factor one. The court rejected challenges based on the accent mark in AMÌ and the Board’s treatment of the word MON. Although not a patent case, the decision is a reminder that Federal Circuit review of PTO fact findings remains deferential where the Board addresses the evidence and applies governing precedent. Affirmed; costs to Appellee. This is a nonprecedential trademark appeal from the TTAB, not a patent appeal from the PTAB. The Board found likelihood of confusion between Marini’s MON AMI marks for edible pet treats and the registered AMÌ mark for animal foodstuffs. Marini challenged only the Board’s factual findings on DuPont factor one, focusing on the accent in AMÌ and the role of MON in MON AMI. The Federal Circuit held that the Board considered those arguments and had substantial evidence to find similar commercial impressions, including because consumers may pronounce marks differently than intended. The court affirmed the refusals to register all four marks. non-precedential standing / jurisdiction waiver / forfeiture non-precedential standing / jurisdiction waiver / forfeiture non-precedential standing / jurisdiction