Board dismisses Inmode challenge to Empower Aesthetics design application
The Board dismissed Inmode Ltd.'s opposition, a challenge to Empower Aesthetics LLC's application, or pending request, to register a graphic design as a trademark.
Decision Desk · October 20, 2026 decision · Nonprecedential
The Trademark Trial and Appeal Board (the Board) is the U.S. Patent and Trademark Office panel that decides challenges to trademark registrations and appeals from refused applications. The Board marked this order nonprecedential, meaning it does not bind the Board in later cases.
The Board dismissed Inmode Ltd.'s opposition, a challenge to Empower Aesthetics LLC's application, or pending request, to register a graphic design as a trademark. It found the design so different from Inmode's marks that the differences outweighed even overlapping services. Opinion, pp. 12–13.
| The application | Inmode's claim | The Board's finding |
|---|---|---|
| Empower Aesthetics design for medical spa and other services | Inmode said its EMPOWERRF marks were similar to the design | The mark differences outweighed overlapping services |
Source: the Board’s complete opinion in case 91299827, with page citations below. This report describes the decision; it is not legal advice.
The application identified services including medical spa therapies, laser hair removal and weight loss programs. The application also listed products in two other categories, but Inmode's challenge concerned only the services. Opinion, p. 2.
Inmode cited two registrations, government records of its marks EMPOWERRF and EMPOWERRF BY INMODE, and claimed earlier use of EMPOWERRF for medical equipment and treatments. Inmode argued that the design resembled its marks in appearance, sound and meaning. Empower Aesthetics said its mark was a design that could not be spoken aloud. Opinion, pp. 3, 6.
The application described the design as a monogram, an arrangement of letters, made from EMPOWER. The Board said the picture submitted with the application, rather than that description, controls what the proposed mark is. Opinion, pp. 9–10.
The Board saw a highly stylized arrangement of shapes resembling a portal, with no readable word. It found that consumers would be highly unlikely to rearrange any letters they recognized into EMPOWER. Opinion, pp. 10–11.
The Board treated some services as identical and assumed they would reach the same buyers in the same ways. It found the differences between the marks decisive despite those overlaps. Opinion, p. 12.
This report describes the decision as issued; it does not follow any later appeal.
Sources
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