TOP IT

What this record means

The record shows that “TOP IT” is currently pending on the Principal Register, owned by SMAOINTE NUA LIMITED, a corporation organized in Ireland. The mark covers automatic electromechanical dispensers of metal containers for breakfast syrups and other condiments (class 006), spreads such as jellies and peanut butter (class 029), and chocolate spreads, ketchup, maple syrup, honey, relish, and mustard (class 030). A similar name would raise the closest concern in these specific food and condiment categories, especially where the goods are sold or used in commerce. The record does not give the mark control over all uses of the wording, only over the listed goods. The prosecution history shows the mark was approved for publication, published for opposition, received a Notice of Allowance, and the applicant filed a Statement of Use, indicating the mark is moving toward registration. No oppositions, cancellations, or enforcement actions appear in the supplied history. For someone considering a similar name, the risk is that use in the same or closely related food and condiment markets could be viewed as infringing.