On April 24, 2015, the U.S. Patent and Trademark Office (“USPTO”) approved FWOL LLC’s (“FWOL”) application to register the trademark FAIRWAY OUTLAW and design (U.S. Serial No. 86034741) withdrawing the refusal to register the trademark under Section 2(d) of The Trademark Act.
By way of history, FWOL applied to register the trademark with the USPTO on or about August 12, 2013 on or in connection with “Clothing, namely, short-sleeved t-shirts, long-sleeved t-shirts, golf shirts, sweat shirts, wind shirts, hats, caps, visors, headbands, and tank tops.” By Office Action dated November 27, 2013, the USPTO refused registration of the trademark stating that if registered the trademark would create a likelihood of confusion with a prior registered trademark.
Initial efforts to argue past this refusal were unsuccessful. FWOL then hired The Trademark Company to appeal the USPTO’s refusal of its trademark application to the Trademark Trial and Appeal Board (“TTAB”), the internal appellate court within the USPTO. Within two days of The Trademark Company having filed a brief in support of registration of FWOL’s trademark with the TTAB the USPTO reversed its decision and, on the strength of the arguments contained in the brief, withdrew the refusal. The trademark has now been approved for opposition, 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.