On March 18, 2015, the U.S. Patent and Trademark Office (“USPTO”) withdrew its refusal to register Jason Strovel’s (“Mr. Strovel”) application to register the trademark SMASH HITS (U.S. Serial No. 86198781) on the grounds that the trademark was likely to cause confusion with a prior registered trademark.
By way of history, Mr. Strovel applied to register the trademark with the USPTO on or about February 20, 2014 on or in connection with “Entertainment services in the nature of creation, development and production of radio programming sold exclusively to radio broadcast companies” in International Class 41. By Office Action dated June 4, 2014, the USPTO refused registration of the trademark on the grounds that it was likely to cause confusion with a prior registered trademark.
Mr. Strovel hired The Trademark Company to respond to the USPTO’s refusal of his trademark application. Following the drafting and submission to the USPTO of arguments in support of registration the USPTO reversed its decision and, on the strength of the arguments contained in The Trademark Company’s Office Action Response, withdrew the refusal to register the trademark. The trademark has now been approved for publication, the next step in the registration process.
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.