The Federal Circuit handed down a sharp rebuke Thursday, ruling that the Trademark Trial and Appeal Board (TTAB) erred when it blocked Apex Bank from registering the name “Aspire Bank”. The tribunal had previously sided with credit card issuer CC Serve Corp., which claimed consumer confusion with its existing “Aspire” brand.
Instead of shutting the door, the appeals court cracked it wide open, remanding the dispute for a fresh look.
What Went Wrong at the TTAB
The TTAB had determined that because both companies operate in financial services, the overlap tilted heavily toward likely confusion. But the Federal Circuit wasn’t buying that narrow scope. Writing for the court, Judge Todd M. Hughes said the board’s lens was too tight—focusing only on nine “Aspire” trademarks tied to credit cards, while ignoring 42 other “Aspire” marks spread across broader banking and financing services.
“The board restricted the universe of marks,” Hughes wrote, calling the approach “legally flawed.” The court stressed that the sixth DuPont factor does not demand identical goods—similar ones suffice.
