Trademark Win! MY BARBER VS. EVERYBODY Scores a Knockout
- Dayna Thomas, Esq.
- Aug 14
- 2 min read
Mark: MY BARBER VS. EVERYBODY
Goods/Services: Clothing, namely hats, shirts, and sweatshirts
Refusal Grounds: Likelihood of confusion (Section 2(d)) with various VS EVERYBODY and VS ERRRBODY marks
# of pages in our response: 144
At our firm, we love a good underdog story — and in the world of trademarks, that often means standing up to overreaching refusals. Our client applied to register MY BARBER VS. EVERYBODY for clothing, including hats, shirts, and sweatshirts. The examining attorney issued a refusal under Section 2(d), claiming the mark was too similar to several existing registrations for VS EVERYBODY and VS ERRRBODY. In their view, consumers might be confused into thinking the goods came from the same source.
We pushed back hard. We argued that MY BARBER isn’t just filler — it’s the dominant and defining part of the mark, creating an entirely different commercial impression centered on personal pride and identity in one’s barber. We also pointed to extensive third-party use of “VS EVERYBODY” and “EVERYBODY VS” in connection with clothing, showing the phrase is common and weak. When a phrase is so widely used, consumers learn to focus on the additional words for source identification. We even cited multiple examples where the USPTO had allowed similar variations to coexist without issue.
The result? The refusal was withdrawn, and MY BARBER VS. EVERYBODY is now officially registered. This win underscores two key points: first, the USPTO must look at marks in their entirety, not just shared components; and second, when a phrase is already flooding the marketplace, small but meaningful differences can carry big legal weight. Chalk up another victory for distinctive branding — and for our client’s ability to proudly put their mark on apparel without fear.
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