Summary: Promotion In Motion Inc., doing business as PIM Brands Inc., sought to register the trademarks "SWISSKISS" for chocolates of Swiss origin. Hershey Chocolate & Confectionery LLC opposed the registration based on its previously registered "KISS" and "KISSES" trademarks, arguing potential consumer confusion. The Trademarks Opposition Board agreed with Hershey, prompting PIM's appeal.

Key Points:

• Trademark Dispute: PIM's applications for "SWISSKISS" were opposed by Hershey, citing potential confusion with Hershey's "KISS" and "KISSES" trademarks.
• Board Decision: The Board ruled against PIM, finding a likelihood of confusion between the trademarks.
• PIM's Appeal: PIM argued that the Board erred in its decision by not recognizing that "KISS" is a generic term and by improperly assessing the distinctiveness of the SWISSKISS design elements and the term "SWISS."
• Errors Alleged by PIM: PIM claimed that the Board wrongly concluded that Hershey used the "KISS" and "KISSES" trademarks separately from other brand elements and that these uses were more than minimal.

Outcome:

• PIM's appeal was dismissed. The court upheld the Board's decision, agreeing with the confusion analysis and the assessment of Hershey's trademark use. The court found that the new evidence presented by PIM was either inadmissible or did not materially affect the Board’s findings. Costs were awarded to Hershey. No amount specified.