Federal Circuit disposition — 24-1617

N OTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
IN RE: MATTHEW AMOSS,
Appellant
______________________
2024-1617
______________________
Appeal from the United States Patent and Trademark
Office, Trademark Trial and Appeal Board in No.
90703327.
______________________
Decided: December 15, 2025
______________________
FABIAN NEHRBASS, Garvey, Smith & Nehrbass, Patent
Attorneys, LLC, New Orleans, LA, for appellant. Also rep-
resented by JULIE RABALAIS CHAUVIN, VANESSA M.
D'S OUZA.
ERICA JEUNG D ICKEY, Office of the Solicitor, United
States Patent and Trademark Office, Alexandria, VA, for
appellee John A. Squires. Also represented by NICHOLAS
THEODORE MATICH , IV, MARY BETH WALKER, GIULIO
ERNESTO YAQUINTO.
______________________
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IN RE : AMOSS 2
Before LOURIE and S TOLL, Circuit Judges, and OETKEN,
District Judge.1
L OURIE, Circuit Judge.
Matthew Amoss appeals a Trademark Trial and Ap-
peal Board (“the Board”) final decision affirming the
United States Patent and Trademark Office’s refusal to
register the mark “BASIN BEVERAGE CO.” (Serial No.
90/703,327) (“applicant’s mark”) on the ground that it is
likely to cause confusion under § 2(d) of the Trademark
Act, 15 U.S.C. § 1052(d). In re Matthew Amoss,
No. 90703327 (T.T.A.B. Jan. 26, 2024) (“Decision”), J.A. 1–
23. For the following reasons, we affirm.
BACKGROUND
Amoss filed a multiple-class application to register the
mark “BASIN BEVERAGE CO.” on the Principal Register
for goods identified in three separate International Clas-
ses: (1) “Tea-based beverages; Coffee based beverages;
Kombucha tea,” in International Class 30, (2) “Beverages,
namely, beer, sparkling water, non-alcoholic water-based
beverages,” in International Class 32, and (3) “Beverages,
namely, wine, hard seltzer; Hard kombucha tea,” in Inter-
national Class 33. A multiple-class application is treated
the same as filing separate applications for the same mark
in each Class.
For each Class application, the Examining Attorney
compared the applicant’s mark to cited registered marks
and assessed the relevant DuPont factors: here, the first
(similarity of the marks), the second (similarity of the
goods), the third (similarity in trade channels), the fourth
(the classes of purchasers and conditions of purchase), the
1 Honorable J. Paul Oetken, District Judge, United
States District Court for the Southern District of New
York, sitting by designation.
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IN RE : AMOSS 3
fifth (fame of the prior mark), and the sixth (the number
and nature of similar marks in use). See Application of
E. I. DuPont DeNemours & Co., 476 F.2d 1357, 1361
(CCPA 1973). In doing so, the Examining Attorney found
that consumer confusion was likely between the applicant’s
mark and the cited registered marks for each Class appli-
cation and refused registration accordingly.2 See id. The
Board affirmed the refusals.3 We discuss each refusal in
turn.
I
The Examining Attorney refused registration for
“BASIN BEVERAGE CO.” under International Class 30
based on two cited registrations in that Class for the marks
“GREAT BASIN COFFEE COMPANY” on the Supple-
mental Register and “TAHOE BASIN” on the Principal
Register.4 See Decision, J.A. 2. The Examining Attorney
assessed the relevant DuPont factors and found that the
goods are identical, distributed in overlapping trade chan-
nels, and marketed to overlapping purchasers. See J.A.
194–95, 240–41, 528–29, 531–34. She also found that the
marks were similar in overall commercial impression be-
cause they all centered on the shared dominant term
“BASIN.” J.A. 194–95, 240–41, 526–28, 529–31. In so find-
ing, the Examining Attorney explained that additional
2 The application also identified services in Interna-
tional Class 43, which were not refused registration and
are not part of this appeal.
3 The Board did not consider the conditions of pur-
chase aspect of the fourth DuPont factor because Amoss
and the Examining Attorney failed to address it. Decision,
J.A. 7 n.14.
4 TAHOE BASIN (Reg. 6760872) is registered for
goods including “Chai tea; Coffee,” and GREAT BASIN
COFFEE COMPANY (Reg. 5510241) is registered for goods
including “Coffee and tea; Coffee based beverages.”
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IN RE : AMOSS 4
wording of the various marks (e.g., “GREAT,” “TAHOE,”
“BEVERAGE CO.,” and “COFFEE COMPANY”) did not
meaningfully distinguish source, as those words are geo-
graphic without other source-identifying features, merely
descriptive of the goods, or a simple variation of an entity
designation. J.A. 194–95, 240–41, 526–28, 529–31.
The Board affirmed the Examining Attorney’s registra-
tion refusal. It agreed that the goods were in part legally
identical under the second DuPont factor because the goods
of the applicant and those of the registrants included tea-
and coffee-based beverages. Decision, J.A. 5–6. The Board
also found that, because the goods were in part identical
and because the registrations contained no limitation on
trade channels, the marks were properly presumed to
share the same channels of trade and purchasers under the
third and fourth DuPont factors, respectively. Id. at 6–7
(citations omitted). The Board therefore concluded that the
second, third, and fourth DuPont factors “strongly” favored
a likelihood of confusion. J.A. 7.
The Board then addressed the fifth and sixth DuPont
factors relating to the strength of the mark. It found that
those factors were neutral because the record lacked mean-
ingful evidence of strength or weakness and noted that the
applicant’s offering of limited third-party uses, each involv-
ing differently modified “BASIN” terms, fell short of show-
ing any conceptual or commercial weakness of the cited
marks. Id. at 7–10. Finally, the Board found that the ap-
plicant’s mark was similar to the cited marks, and thus
that the first DuPont factor favored a likelihood of confu-
sion. Id. at 11–16. The Board emphasized that the term
“BASIN” was the dominant feature across the marks. Id.
at 14–16. Furthermore, it explained that the surrounding
non-dominant wording did not change the overall commer-
cial impression of any of the marks because those addi-
tional terms were either generic company designations or
provided mere geographic connotations without any other
stronger source-identifying features. Id.
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IN RE : AMOSS 5
In sum, because the DuPont factors for comparing the
similarity of the goods, commonality of trade channels and
customers, and similarity of marks favored a likelihood of
confusion, while the remaining strength factors were neu-
tral, the Board upheld the Class 30 refusal. Id. at 16–17.
II
The Examining Attorney also refused registration for
“BASIN BEVERAGE CO.” under International Classes 32
and 33 based on a cited registration for the mark “NEW
BASIN DISTILLING COMPANY” for goods in Class 33
identified as “liquor.”5 Decision, J.A. 2; J.A. 194, 240, 521–
524. The Examining Attorney found the marks similar be-
cause each shared the identical dominant term “BASIN,”
and the modifiers (“NEW,” “DISTILLING COMPANY,”
“BEVERAGE CO.”) were descriptive or otherwise less
source-identifying. J.A. 194, 240, 521–524. The Examin-
ing Attorney further explained that the registrant’s good,
“liquor,” is related to the applicant’s goods, beer and wine,
based on third-party evidence showing that beer, wine, and
liquor commonly emanate from a single source under one
mark. J.A. 386 (noting attached evidence), 387–431 (evi-
dence attached to reconsideration denial).
The Board affirmed the Examining Attorney’s registra-
tion refusals. It agreed, regarding the second DuPont fac-
tor, that while the application and cited registration are
not directed to identical goods, the evidence demonstrated
a close relationship among beer, wine, and liquor. Deci-
sion, J.A. 17–18. Specifically, the Board credited “record
evidence” that “several companies sell both beer (and/or
wine) and liquor under the same mark.” Id. at 18 (citing
J.A. 525–26 (citing J.A. 387–431)). The Board also found
5 NEW BASIN DISTILLING COMPANY (Reg.
4890160) (“Distilling Company” disclaimed) is registered
for goods including “Liquor.”
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IN RE : AMOSS 6
that, under the second and third DuPont factors, the chan-
nels of trade and purchasers, unrestricted in the subject
application and cited registration, overlapped. Id. at 18–
19.
In addition, as with Class 30, the Board found DuPont
factors five and six, the strength factors, “neutral or, at
best, tip[ping] only very slightly against a finding that con-
fusion is likely. Id. at 22. In doing so, the Board explained
that the applicant’s eight third-party registrations and sev-
eral uses of “BASIN” for similar goods were insufficient to
show the “considerable” level of third-party use needed to
narrow the scope of protection for “NEW BASIN
DISTILLING COMPANY,” particularly because many of
those marks contained additional differentiating elements
“that render them further from the cited registration than
Applicant’s mark.” Id. at 22. Finally, on the first DuPont
factor, the similarity of the marks, the Board found that
“BASIN” was dominant in both marks, and that the term
“NEW” in the cited mark merely reinforced focus on
“BASIN.” Id. at 22. Thus, the Board found the marks sim-
ilar in overall commercial impression and likely to cause
confusion. Id.
Balancing the DuPont factors, the Board concluded
that the similarity of the marks, the relatedness of the
goods, and the overlapping trade channels and purchasers
outweighed any slight weakness in the cited mark as
shown by applicant’s third-party evidence. Id. It therefore
upheld the Class 32 and 33 refusals. Id.
Amoss timely appealed, and we have jurisdiction under
28 U.S.C. § 1295(a)(4)(B).
D ISCUSSION
Amoss argues that the Board erred in finding a likeli-
hood of confusion between the applicant’s mark and any of
the cited registrations under International Classes 30, 32,
and 33. We first address Amoss’s arguments as to
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IN RE : AMOSS 7
International Class 30 before turning to his arguments for
International Classes 32 and 33.
Likelihood of confusion is a question of law that we re-
view de novo based on underlying factual findings that we
review for substantial evidence. Bureau Nat’l Interprofes-
sionnel du Cognac v. Cologne & Cognac Ent., 110 F.4th
1356, 1365 (Fed. Cir. 2024) (citations omitted). Under Sec-
tion 2(d) of the Lanham Act, a mark may not be registered
if it “so resembles a mark registered in the Patent and
Trademark Office, . . . as to be likely, when used on or in
connection with the goods of the applicant, to cause confu-
sion, or to cause mistake, or to deceive.” 15 U.S.C.
§ 1052(d). That statutory requirement gives rise to the
likelihood of confusion inquiry, which we assess on a case-
by-case basis by evaluating the relevant DuPont factors.
See 476 F.2d at 1361.
I
We begin with International Class 30 (tea-based bever-
ages; coffee-based beverages; kombucha tea). Amoss ar-
gues that the Board erred in finding that his mark, “BASIN
BEVERAGE CO.,” is confusingly similar to the cited regis-
trations for “TAHOE BASIN” and “GREAT BASIN
COFFEE COMPANY.” Amoss Op. Br. 31. Specifically,
Amoss contends the Board’s DuPont analysis was flawed
because (1) the marks are not similar barring improper dis-
section, (2) evidence of third-party use supports registra-
tion, and (3) the cited “GREAT BASIN COFFEE
COMPANY” mark is weak because it appears on the Sup-
plemental Register. Id. at 31–44. We disagree.
At the outset, there is no dispute that the goods are
identical in part under the second DuPont factor. See De-
cision, J.A. 5, 81, 202; Amoss Op. Br. 31–34. There is also
no dispute that, because the goods are identical in part and
because of “the absence of meaningful limitations in either
the application or the cited registrations,” see Decision, J.A.
6–7; Amoss Op. Br. 31–34, the goods are presumed to
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IN RE : AMOSS 8
“travel through all usual channels of trade and are offered
to all normal potential purchasers” under the third and
fourth DuPont factors. See In re i.am.symbolic, llc,
866 F.3d 1315, 1327 (Fed. Cir. 2017) (citation omitted).
Thus, there is no dispute that the Board’s findings that the
second, third, and fourth DuPont factors favor a likelihood
of confusion are supported by substantial evidence.
Moreover, because the goods were found identical in
part, a lesser degree of similarity between the marks is re-
quired to give rise to a likelihood of confusion under the
first DuPont factor. See Century 21 Real Est. Corp. v. Cen-
tury Life of Am., 970 F.2d 874, 877 (Fed. Cir. 1992) (“When
marks would appear on virtually identical goods or ser-
vices, the degree of similarity necessary to support a con-
clusion of likely confusion declines.”). Whether the marks
are similar under the first DuPont factor depends on the
marks in their “entireties.” Herbko Int’l, Inc. v. Kappa
Books, Inc., 308 F.3d 1156, 1165 (Fed. Cir. 2002) (citing
DuPont, 476 F.2d at 1361). “The proper test is not a side-
by-side comparison of the marks, but instead whether the
marks are sufficiently similar in terms of their commercial
impression such that persons who encounter the marks
would be likely to assume a connection between the par-
ties.” i.am.symbolic, 866 F.3d at 1323 (citation omitted).
Here, the Board properly compared the marks in their
entireties and, despite acknowledging their minor tech-
nical differences, determined that they are similar in terms
of their overall commercial impressions. Decision, see J.A.
11–16. In its comparison, the Board properly found that
the marks “BASIN BEVERAGE CO.” and “GREAT BASIN
COFFEE COMPANY” share a similar structure: in both,
the more dominant wording (“BASIN” and “GREAT
BASIN”) appears first, followed by the less dominant entity
designators (“BEVERAGE CO.” and “COFFEE
COMPANY”). Decision, J.A. 15; see Century 21, 970 F.2d
at 876 (affirming that lead words may dominate because
“upon encountering each mark, consumers must first
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IN RE : AMOSS 9
notice this identical lead word”); In re Oppedahl & Larson
LLP, 373 F.3d 1171, 1175 (Fed. Cir. 2004) (discussing the
“per se” rule from Goodyear’s Rubber Manufacturing Co.
v. Goodyear Rubber Co., 128 U.S. 598 (1888), that common
terms like Co., Corp., and Inc., are perceived as conveying
only organizational structure and have no source-identify-
ing significance).
Because “[m]ore dominant features will, of course,
weigh heavier in the overall impression of a mark,” In re
Electrolyte Lab’ys, Inc., 929 F.2d 645, 647 (Fed. Cir. 1990),
the Board did not err by discounting the commercial signif-
icance of the latter, less dominant elements of the marks,
and concluded that, when viewed in their entireties, the
marks are similar. Decision, J.A. 15–16. And “there is
nothing improper in stating that, for rational reasons,
more or less weight has been given to a particular feature
of a mark.” In re Nat’l Data Corp., 753 F.2d 1056, 1058
(Fed. Cir. 1985); see, e.g., In re Chatam Int’l Inc., 380 F.3d
1340, 1344 (Fed. Cir. 2004) (“[T]he court perceives no error
in appropriately discounting portions of JOSE GASPAR
GOLD and GASPAR’S ALE that did not change the com-
mercial impression of the marks.”).
Turning to the registration for “TAHOE BASIN,” the
Board acknowledged that while “TAHOE BASIN,” and for
that matter, “GREAT BASIN,” may have a geographic con-
notation, without a term modifying “BASIN” in appellant’s
mark, “BASIN BEVERAGE CO.” could refer to the basin in
either registered mark. Decision, J.A. 15–16; see, e.g.,
Wella Corp. v. Cal. Concept Corp., 558 F.2d 1019, 1022
(CCPA 1977) (finding CALIFORNIA CONCEPT with
surfer design confusingly similar to CONCEPT because
“inclusion of a merely suggestive or descriptive element, of
course, is of much less significance in avoiding a likelihood
of confusion”). Substantial evidence supports this finding.
Amoss’s contention that the Board improperly dis-
sected the marks is misplaced. The Board did not do so.
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IN RE : AMOSS 10
Rather, it identified the dominant portions of each mark as
consumers would perceive them and then evaluated the
marks as a whole in light of those dominant features. See
Decision, J.A. 12 (“But while . . . we may assess individual
terms (or other features) that together make up a given
mark, the ultimate assessment must rest on the marks in
their entireties.”). As discussed, assigning greater weight
to the elements of a mark that most strongly influence com-
mercial impression is appropriate. In re Nat’l Data Corp.,
753 F.2d at 1058; see, e.g., In re Chatam, 380 F.3d at 1342
(“[T]he Board did not improperly discard the dissimilar
portions of the JOSE GASPAR GOLD and GASPAR’S
ALE[;]” rather, it “discounted the commercial significance
of ALE in the registered mark and JOSE and GOLD in
Chatam’s mark.”).
Next, Amoss contends that the Board’s finding regard-
ing the sixth DuPont factor was not supported by substan-
tial evidence. See Amoss Op. Br. 34. The sixth DuPont
factor relates to the strength of the cited marks and as-
sesses “[t]he number and nature of similar marks in use on
similar goods.” DuPont, 476 F.2d at 1361. Sufficient “[e]vi-
dence of third-party use of similar marks on similar goods
is relevant to show that a [cited] mark is relatively weak
and entitled to only a narrow scope of protection.” Palm
Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee
En 1772, 396 F.3d 1369, 1373 (Fed. Cir. 2005) (citations
omitted). Here, the Board reasonably found that Amoss’s
four examples of third-party use of the term “BASIN” in
connection with coffee and coffee shops were a “meager
showing” that fell far short of demonstrating that such
“‘ubiquitous’ and ‘considerable’” use is widespread, and
thus were not sufficient to show that the cited marks are
weak. Decision, J.A. 10.
The Board also noted that the cited third-party marks
contain different modifying terms (e.g., THUNDER
BASIN, NILE BASIN, SNOWBASIN, BEAR BASIN) and
therefore do little to show weakness in the cited marks that
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IN RE : AMOSS 11
would inure to Amoss’s benefit because third-party use can
demonstrate weakness only if the third-party marks are at
least as close to the registered mark as the applicant’s
mark. Decision, J.A. 10 n.18 (citing Specialty Brands, Inc.
v. Coffee Bean Distribs., Inc., 748 F.2d 669, 675 (Fed. Cir.
1984)). That is not the case here, rendering the sixth
DuPont factor neutral. Id. The Board’s finding on that fac-
tor is therefore supported by substantial evidence because
it involved a careful review of the record under the appro-
priate law.
Finally, Amoss contends that the Board erred by af-
fording the “GREAT BASIN COFFEE COMPANY” a
greater scope of protection than it deserved as a mark on
the Supplemental Register. Amoss Op. Br. 31–32. How-
ever, “a mark registered on the Supplemental Register can
be used as a basis for refusing registration to another mark
under [§] 2(d) of the [Lanham] Act.” Application of Clorox
Co., 578 F.2d 305, 308 (C.C.P.A. 1978). And we see no basis
in our law to restrict the scope of protection afforded to
such a mark merely because it appears on the Supple-
mental Register, particularly where, as here, the mark still
functions as a source identifier and the relevant DuPont
factors otherwise support a likelihood of confusion.
Further, placement on the Supplemental Register re-
flects only a lack of inherent distinctiveness, not an inabil-
ity to identify source or cause confusion. See id. (explaining
that placement on the Supplemental Register does not ren-
der a mark incapable of causing confusion because (1) such
marks must still be capable of distinguishing goods and (2)
a lack of inherent distinctiveness does not necessarily
equate to generic or common descriptive wording; thus,
such non-generic descriptiveness may still support a § 2(d)
refusal). Put simply, nothing in § 2(d) indicates that such
registration limits a mark’s capacity to serve as a basis for
a likelihood of confusion refusal. Cf. 15 U.S.C. § 1052(d).
Amoss fails to persuade us otherwise.
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IN RE : AMOSS 12
Because substantial evidence supports the Board’s
findings regarding the relevant Dupont factors, and be-
cause those factors favor a likelihood of confusion or were
neutral, the Board did not err in concluding that, on bal-
ance, consumer confusion is likely.
II
We turn to International Classes 32 (beverages,
namely, beer, sparkling water, non-alcoholic water-based
beverages) and 33 (beverages, namely, wine, hard seltzer;
Hard kombucha tea). Amoss argues that the Board erred
in finding that his mark, “BASIN BEVERAGE CO.,” is con-
fusingly similar to the cited registration for “NEW BASIN
DISTILLING COMPANY.” Amoss Op. Br. 10. Specifically,
Amoss contends the Board’s DuPont analysis was flawed
because (1) the goods are unrelated, (2) the trade channels
and classes of consumers do not overlap, (3) third-party ev-
idence shows the cited mark is weak, and (4) the marks are
dissimilar when viewed in their entirety. Id. at 10–30. We
disagree.
First, the Board’s finding that the goods are related un-
der the second DuPont factor is supported by substantial
evidence. The goods need only be “related in some man-
ner,” or the “circumstances surrounding their marketing
[be] such that they could give rise to the mistaken belief
that they emanate from the same source.” Coach Servs.,
Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369 (Fed.
Cir. 2012). And evidence showing that the goods at issue
commonly come from the same sources under the same
mark demonstrates that the goods are related. See
Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261,
1267 (Fed. Cir. 2002) (evidence that “a single company sells
the goods and services of both parties, if presented, is rele-
vant to a relatedness analysis”); see, e.g., In re Detroit Ath-
letic Co., 903 F.3d 1297, 1306 (Fed. Cir. 2018) (affirming
finding of similarity between the respective goods and ser-
vices because the “evidence suggests that consumers are
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IN RE : AMOSS 13
accustomed to seeing a single mark associated with a
source that sells both”). Here, the Board found that the
goods are related because record evidence demonstrates
that the goods listed in both the application and the regis-
tration are produced and marketed by the same entities
under a single mark. See Decision, J.A. 18 n.25 (reciting
examples of record evidence showing that several compa-
nies sell both beer (and/or wine) and liquor under the same
mark). Thus, the Board’s finding of relatedness is sup-
ported by substantial evidence.
Second, the Board’s findings that the trade channels
and classes of consumers overlap under the third and
fourth DuPont factors are also supported by substantial ev-
idence. Neither the application nor the registration limits
trade channels or prospective purchasers, allowing the
Board to properly presume that the goods travel through
all usual channels to all normal purchasers. Decision, J.A.
18–19; see, e.g., Detroit Athletic, 903 F.3d at 1308. Beyond
the presumption of overlap, the Board found that the evi-
dence of relatedness also showed that both sets of goods are
sold to the general public at the producing establishments,
e.g., breweries, wineries, and distilleries, as part of restau-
rant, bar, or event services. Decision, J.A. 19. The Board
further cited other cases that found that beer and other al-
coholic beverages share many trade channels, including re-
tail outlets such as liquor stores, supermarkets,
restaurants, and bars. Id. (citing In re Majestic Distilling
Co., Inc., 315 F.3d 1311, 1316 (Fed Cir. 2003)). In fact,
Amoss appears to concede that the parties’ trade channels
overlap, alleging that “the evidence largely demonstrates
that the companies / establishments which sell both liquor
and another type of alcohol, often do so only at their facil-
ity, the brewery or distillery[.]” Amoss Op. Br. 29. Thus,
the Board’s finding of likelihood of confusion under the
third and fourth Dupont factors is supported by substantial
evidence.
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IN RE : AMOSS 14
Third, the Board’s finding that the third-party regis-
tration and use evidence that Amoss offered, bearing on the
conceptual and commercial strength of the cited mark un-
der the sixth DuPont factor, was insufficient is supported
by substantial evidence. The Board evaluated eight third-
party registrations using “BASIN” with beer or liquor and
four third-party uses of “BASIN” for beer.6 Decision, J.A.
20–21. The Board found that, consistent with our case law,
such a showing was not so “ubiquitous” or “considerable”
as to demonstrate that “BASIN” is “weakened to the extent
that would narrow the scope of protection afforded [to]
“NEW BASIN DISTILLING COMPANY.” Id. at 21; see
i.am.symbolic, 866 F.3d at 1329 (distinguishing its record
evidence from other cases because it found that its evidence
of third-party use “f[ell] short of the ubiquitous or consid-
erable use of the mark components present in [the other]
case[s]” (citation modified)).
The Board further explained that the third-party
marks were not as close to the cited mark as the applicant’s
mark because many include additional wording or design
elements (e.g., JEWEL BASIN, BASIN & RANGE, BASIN
OF ATTRACTION, the design in KLAMATH BASIN
BREWING). Decision, J.A. 21–22 (citing Specialty Brands,
748 F.2d at 675 (discounting third-party marks alleged to
show weakness of the cited mark because the third-party
marks were more dissimilar from the marks at issue than
the marks at issue were from each other)). Thus, the
Board’s finding that the sixth Dupont factor is neutral, or
at most slightly favors no confusion, is supported by sub-
stantial evidence and not contrary to law.
6 Amoss submitted twelve marks containing
“BASIN” for alcoholic beverages and drink mixes, but the
Board declined to consider four of the submitted marks for
various reasons. See J.A. 21 n.26.
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IN RE : AMOSS 15
Appellant advances several challenges to the Board’s
finding, see Amoss Op. Br. at 20–24, none of which demon-
strate that the Board erred. “At bottom, [Amoss] asks us
to reweigh the evidence considered by the Board, which is
not the role of this court.” See In re Charger Ventures LLC,
64 F.4th 1375, 1381 (Fed. Cir. 2023) (citation omitted).
Finally, the Board’s finding that the marks are similar
under the first DuPont factor is supported by substantial
evidence. As it did for the International Class 30 refusal,
the Board compared the marks in their entireties and pro-
vided logical reasons for giving more weight to their domi-
nant features, “BASIN” in Amoss’s mark and “NEW
BASIN” in the registered mark, and then discounted the
entity designations in the marks. Decision, J.A. 22; see,
e.g., In re Chatam, 380 F.3d at 1342–1344. The Board also
found that the “adjective ‘NEW’ in the cited registration
serves only to direct attention to the term BASIN, which
immediately follows.” Decision, J.A. 22 (citing Palisades
Pageants, Inc. v. Miss Am. Pageant, 442 F.2d 1385, 1388
(CCPA 1971) (“[M]erely adding [the] adjective [LITTLE] to
the beginning [of MISS AMERICA] . . . directs attention to
the words which follow.” (internal quotation marks omit-
ted))).
Amoss once again argues that the Board improperly
dissected the marks and that the disclaimed wording (“Dis-
tilling Company”) in the cited mark impacted its commer-
cial impression. But “while the Board must consider the
disclaimed term, an additional word or component may
technically differentiate a mark but do little to alleviate
confusion.” Charger, 64 F.4th at 1382. Thus, the Board
reasonably determined that certain elements in the marks
are dominant and that the similarities in those features
outweigh any other minor differences between the marks
when viewed in their entirety. Amoss attempts to per-
suade us to reweigh the evidence, which, again, “is not the
role of this court.” Id. at 1381.
Case: 24-1617 Document: 49 Page: 15 Filed: 12/15/2025

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IN RE : AMOSS 16
Because substantial evidence supports the Board’s
findings regarding the relevant DuPont factors, and be-
cause the majority of those factors favored a likelihood of
confusion, the Board did not err in concluding that, on bal-
ance, consumer confusion is likely.
CONCLUSION
We have considered Amoss’s remaining arguments and
find them unpersuasive. For the foregoing reasons, we af-
firm.
AFFIRMED
Case: 24-1617 Document: 49 Page: 16 Filed: 12/15/2025

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