August 6, 2014

Recently the U.S. Patent and Trademark Office (“USPTO”) accepted The Trademark Company’s argument in support of registration of Darrell and Bonnie Company Inc.’s trademark application for RODEO PROVEN (U.S. Ser. No.  86074671) approving the trademark for registration on the Principal Register for the USPTO.

By way of history, Darrell and Bonnie Company Inc., by and through The Trademark Company, applied to register the trademark with the USPTO on September 25, 2013 for use in connection with colognes and fragrances in International Class 3.  On January 14, 2014 the USPTO refused registration of Darrell and Bonnie Company Inc.’s application under Section 2(d) of the Trademark Act on the grounds that, if registered, it would create a likelihood of confusion with a prior registered trademark.

Following the refusal, Darrell and Bonnie Company Inc. authorized The Trademark Company to present arguments in support of registration of the trademark application.  The Trademark Company, in turn, crafted a detailed legal argument as to why, if registered, the refused trademark would not create a likelihood of confusion with the prior registered trademark.   As stated above, the USPTO accepted The Trademark Company’s argument in support of registration of the RODEO PROVEN application.  The trademark is now pending registration before the USPTO.

If you have any questions about this matter or any other application pending before the USPTO Contact Us.  If you would like to learn more about our Office Action Response Packages and Appeals Click Here.

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.