April 7, 2014

On March 17, 2014 the Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) sustained AlpinBreeze, LLC’s opposition to the registration of Evertec Information Technology Co., Ltd.’s (“Evertec”) trademark for ALPINBREEZE and design (Ser. No. 77/922,346). Opposition No. 91198063. The dispute centered around AlpinBreeze’s development of the ALPINBREEZE logo and the alleged misappropriation and attempt to register the same by Evertec.

AlpinBreeze developed the disputed logo in Switzerland to use in connection with a line of aromatherapy diffusers. At one point, AlpinBreeze used a principal at Evertec to explore the potential distribution of its diffuser products in Asia under the ALPINBREEZE logo. Eventually the business relationship soured. Thereafter, Evertec filed an intent-to-use trademark application in the U.S. claiming the logo to be their own. This filing, unfortunately, occurred prior to AlpinBreeze filing its own application to register the logo in the U.S.

However, following the full trial on the merits the TTAB determined that AlpinBreeze had, in fact, used its trademark in the U.S. prior to Evertec having filed its intent-to-use application. As a result, and finding that the trademarks and goods upon which they are used are virtually identical, the TTAB found that AlpinBreeze had priority of use in the U.S. and sustained the matter in favor of AlpinBreeze. Evertec’s trademark application will now not be permitted 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.