Trademark Win! NOIRE WOMEN’S WELLNESS

Mark: NOIRE WOMEN’S WELLNESS

Goods/Services: Downloadable publications, book publishing, and educational services in the fields of health, wellness, lifestyle, and relationships for African-American women

Refusal Grounds: Likelihood of confusion (Section 2(d)) with NOIRE and BLACK GIRL WELLNESS; Mere descriptiveness (Section 2(e)(1))

# of pages in our response: 70

When our client applied to register NOIRE WOMEN’S WELLNESS, the USPTO refused registration, claiming the mark was too similar to pending marks NOIRE and BLACK GIRL WELLNESS and was “merely descriptive” of the services. The Examining Attorney argued that consumers would be confused because of shared wording and that “Noire” simply described the intended audience.

We pushed back hard. First, we demonstrated that the marks, when viewed in their entirety, created distinct commercial impressions—NOIRE WOMEN’S WELLNESS connotes a sophisticated, health-focused brand for women, whereas NOIRE and BLACK GIRL WELLNESS carry different meanings and target different audiences. We provided case law showing that even identical first words don’t automatically cause confusion, especially when the rest of the mark changes its look, sound, and meaning. We also proved “Noire” is a weak term in this industry due to extensive third-party use and its descriptive nature. Finally, we showed that our client’s services were fundamentally different from those in the cited applications and amended the identification to remove any overlap.

The result? The USPTO withdrew both refusals and approved the mark for registration. This win underscores the importance of skilled legal advocacy in overcoming refusals—because when it comes to protecting your brand, the details matter, and the right arguments can make all the difference.