winner stampJanuary 26, 2015

Recently the Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) sustained Eric Figueroa’s opposition proceeding blocking the registration of U.S. trademark HEMP, Ser. No. 86164503 (TTAB Opposition No. 91218463).

The case was commenced by The Trademark Company on the grounds that the registered trademark would create a likelihood of confusion with Mr. Figueroa’s family of trademarks for HEMP INTERNATIONAL which retained priority of use over the opposed trademark by virtue of their common law and registered status.  The owner of the opposed application failed to answer the opposition leading to the matter being placed into default.  After the applicant failed to respond to the default order judgment was entered in favor of Mr. Figueroa.

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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.