When considering a likelihood of confusion, one might naturally think a mark is registrable that is an antonym (opposite) of a registered mark. This was not the result in In re Sugar Free Specialties, LLC, Serial No. 90706411 (TTAB Dec. 7, 2022) (not precedential).

In Sugar Free Specialties, the applicant sought registration of “SMALL WINS” for “sweets and candies, namely, gummies and soft candies.” A United States Patent and Trademark Office (USPTO) examining attorney cited a registration for “BIG WIN” for “candy” because of confusing similarity. The applicant appealed and suffered a big, not small, loss.