June 23, 2014

The Trademark Company is pleased to announce that has secured the rights to the trademark ORGASMIC for its client Edward Watson following a refusal to register the trademark by the U.S. Patent and Trademark Office.

By way of history, The Trademark Company filed the application for ORGASMIC on or about November 9, 2012 seeking to register the trademark for use in connection with a series of books.

Registration of the application was initially refused on the grounds that the U.S. Patent & Trademark Office believed that the trademark would be likely to cause confusion with a prior registered trademark.

Although The Trademark Company presented arguments in support of registration, the examining attorney maintained the initial refusal.  As a result, The Trademark Company appealed the refusal to the Trademark Trial and Appeal Board (“TTAB”).

Following the case being fully briefed on appeal on June 3, 2014 the TTAB reversed the decision of the examining attorney further ordering the trademark to be published for opposition, the next step in the registration process.

The trademark application will now register in due course.

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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.