May 1, 2014

On February 21, 2014 the Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) sustained Peddler Records, Inc.’s Notice of Opposition to the applied-for U.S. trademark SMUGGLERS & PEDDLERS, Ser. No. 85/921,068 (TTAB Opposition No. 91213295).

The case was commenced by The Trademark Company on the grounds that Peddler Records, Inc. retained rights in a prior-used trademark which were superior to the confusingly similar applied-for mark SMUGGLERS & PEDDLERS. After the initiation of the matter the applicant failed to file an answer in response to the allegations. Thereafter, the applicant was held in default with a decision being rendered in favor of Peddler Records, Inc.

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Required Ethics Disclaimer: As always, case results depend upon a variety of factors unique to each case. As such, this case result does not guarantee or predict a similar result in any future case.