winner stampOctober 20, 2014

On October 16, 2014 the Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) sustained Mattresses for Less Inc.’s cancellation proceeding cancelling the registration of U.S. trademark FACTORY DIRECT MATTRESSES FOR LESS, Reg. No. 4448651 (TTAB Cancellation No. 92059478).

The case was commenced by The Trademark Company on the grounds that the registered trademark would create a likelihood of confusion with Mattresses for Less Inc’s trademark for MATTRESSES FOR LESS which retained priority of use over the registered trademark by virtue of its common law use.  After the institution of the matter the registrant for the registered trademark failed to file an answer in response to the allegations.  Thereafter, the registrant was held in default with a decision being rendered in favor of Mattresses for Less Inc. cancelling the disputed trademark.

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