winner stampFebruary 24, 2015

On February 24, 2015, the Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) sustained Thomas Guess’s opposition to the registration of the trademark HONEY & GREED (TTAB Opposition No. 91218276).

The case was commenced by The Trademark Company on the grounds that the registered trademark would create a likelihood of confusion with Mr. Guess’s trademark GREED which retained priority of use over the other trademark by virtue of his common law and registered status.  After institution of the case the defendant failed to timely file an answer.  Thereafter, the TTAB entered a judgment by default sustaining the opposition and not permitting the trademark to register.

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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.