Panitch Schwarze Secures Win for The Conard-Pyle Company in Trademark Dispute

Trademark Trial and Appeal Board dismisses opposition to register mark for horticulture product

Apr. 1, 2026 at 11:28pm

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Panitch Schwarze Belisario & Nadel LLP, a Philadelphia-based intellectual property law firm, has secured a dismissal of an opposition filed against The Conard-Pyle Company's application to register a trademark for its new 'Easy Bee-zy Knock Out' rose. The Trademark Trial and Appeal Board (TTAB) ruled that the disputed marks were sufficiently dissimilar to avoid consumer confusion, despite sharing the common term 'easy'.

Why it matters

Trademarks are essential tools for companies to protect their brand recognition and intellectual property in the marketplace. This case highlights the importance of determining the factors that make a mark truly distinctive, which is a key service provided by the TTAB in the horticulture industry.

The details

In 2023, Conard-Pyle, a Pennsylvania-based rose breeding company, applied to register the mark 'Easy Bee-zy Knock Out', a new addition to its long-standing and award-winning Knock Out line of roses. Spring Meadow Nursery, Inc., a Michigan-based wholesale nursery, opposed this registration, claiming consumers could easily confuse the product with its registered 'Oso Easy' and 'Oso Easy Peasy' marks. However, the TTAB noted that while both marks shared the word 'easy', this term is conceptually weak given the commonplace nature of easy maintenance as a theme in plant marketing. The TTAB judged the conceptual weakness of this term to outweigh the identical nature of the products and their overlapping trade channels.

  • In 2023, Conard-Pyle applied to register the 'Easy Bee-zy Knock Out' trademark.
  • In 2026, the Trademark Trial and Appeal Board dismissed the opposition filed by Spring Meadow Nursery, Inc.

The players

Panitch Schwarze Belisario & Nadel LLP

A boutique intellectual property law firm with offices in Philadelphia, Wilmington, Delaware, and Alexandria, Virginia. The firm's IP law practitioners provide strategic litigation, licensing and counseling services relating to patents, trademarks, copyrights and trade secrets, domain names and internet issues domestically and internationally.

The Conard-Pyle Company

A Pennsylvania-based rose breeding company that applied to register the 'Easy Bee-zy Knock Out' trademark, a new addition to its long-standing and award-winning Knock Out line of roses.

Spring Meadow Nursery, Inc.

A Michigan-based wholesale nursery that opposed Conard-Pyle's trademark registration, claiming consumers could easily confuse the product with its registered 'Oso Easy' and 'Oso Easy Peasy' marks.

Keith A. Jones

One of the experienced trademark litigators at Panitch Schwarze Belisario & Nadel LLP who led the firm's litigation team in this matter.

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What they’re saying

“I am happy that Conard-Pyle is able to proceed with registering its mark, grow its Knock Out brand, and secure important protections for its valuable intellectual property.”

— Keith A. Jones, Trademark Litigator

What’s next

The Conard-Pyle Company can now proceed with registering its 'Easy Bee-zy Knock Out' trademark and continue to grow its Knock Out brand, securing important protections for its valuable intellectual property.

The takeaway

This case highlights the importance of determining the factors that make a trademark truly distinctive, which is a key service provided by the Trademark Trial and Appeal Board in the horticulture industry. Protecting brand recognition and intellectual property through trademarks is essential for companies to succeed in the marketplace.