Moreover, the Board noted, as the fame of a mark increases, a lesser degree of similarity is necessary to show likely confusion.Īpplicant's mark includes a collection box that is 'substantially similar in certain key elements, namely, that it stands on legs, that it has a curved top, and that it is blue.' The Board deemed the blue collection box in the applied-for mark to be at least equally prominent as the word portion, and it concluded that Applicant's marks is 'sufficiently similar in at least appearance, connotation and commercial impression' to the USPS mark that, if used on similar or related goods/services, confusion is likely.Īs to Applicant's goods and services, the Board observed that the services are identical to key return services rendered by the USPS's licensees. The broad exposure of the general public to the USPS collection boxes in the noted shape and color, as well as the representation of the collection boxes on stamps, in movies and other media have rendered the collection box in the noted shape and color a ubiquitous symbol of the USPS. The Board concluded that the record 'establishes without question that the USPS collection box, i.e., its shape and blue color, is 'famous' as that term is used in Trademark Law.'

Its services will use USPS delivery services and mailboxes. The USPS also licenses the mark for a wide range of goods and services, including two licensees who use the blue box in connection with lost key services.Īpplicant admitted the validity of the USPS mark and its awareness thereof. The Board found that the particular color blue 'is as equally a prominent indicator of USPS origin as is the shape of the box alone.' The USPS extensively advertises and promotes its goods and services, with the blue collection box featured prominently. There are some 180,000 collection boxes across the country.

Section 2(d): The USPS proved that it has used its collections boxes in the shape of the two registered marks shown below since about 1894, and since 1971 the boxes have been colored blue. The Board found Applicant's mark (shown immediately below) for key return services and related goods, likely to cause confusion with the USPS mark and like to create a false association with the USPS. The fame of the United States Postal Service's blue collection box design mark carried the USPS to victory in this Section 2(d) and 2(a) opposition.

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