December 3, 2013
Today the Trademark Trial and Appeal Board (“TTAB”) granted The Trademark Company’s Motion for Summary Judgment in the matter of Fleabusters Pestex vs. RX FOR FLEAS INC., Opposition No. 91208461 .
On December 14, 2012 Fleabusters Pestex filed an Opposition Proceeding seeking to block the registration of the trademark FLEABUSTERS applied for by RX FOR FLEAS INC. Following the completion of Plaintiff’s trial period, Defendant RX FOR FLEAS INC.’s counsel, The Trademark Company, filed a Motion for Summary Judgment on the grounds that Plaintiff had failed to provide sufficient evidence upon which the TTAB could find in its favor.
Siding with the Defendant, on December 3, 2013 the TTAB granted The Trademark Company’s Motion for Summary Judgment and dismissed the case with prejudice against the Defendant permitting its trademark FLEABUSTERS to register.
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.