Trademark Win: WE-SACRED Overcomes Refusal

Mark: WE-SACRED

Goods/Services: Class 14 – Jewelry (earrings, bracelets, necklaces, rings, etc.); Class 25 – Clothing (belts, coats, hats, hoodies, shirts, shoes, etc.)

Refusal Grounds: Likelihood of confusion (Section 2(d)) with SACRED for “T-shirts; Graphic T-shirts”

When our client sought to protect its bold and empowering brand for jewelry and apparel, the USPTO hit pause. The examining attorney refused registration under Section 2(d), claiming the mark was too close to an existing registration for SACRED on T-shirts. In the examiner’s view, shoppers might believe the two came from the same source.

Our response was clear: “WE” makes all the difference. Drawing on the anti-dissection rule, we explained that marks must be considered in their entirety — and the addition of “WE” changes not just the look and sound of the mark, but the entire commercial impression. Instead of a single descriptive term, our client’s mark invites the consumer into a community: a group that is “highly valued, important, and entitled to respect.” We backed this up with substantial evidence of extensive third-party use of the word “SACRED” in the apparel and jewelry space — over 80 live registrations and common law uses — proving that “SACRED” is a weak term entitled to only narrow protection.

We also showed that consumers are savvy in the fashion and accessories market, used to seeing variations of similar words across different brands. This reality, combined with the dominance of “WE” at the start of the mark, makes confusion highly unlikely. The USPTO agreed, withdrew the refusal, and WE-SACRED is now officially registered — a win for distinctive branding, and a reminder that even small but meaningful differences can make all the difference in trademark law.