winner stampDecember 8, 2014

Recently the Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) sustained Inc International Company’s opposition proceeding blocking the the registration of U.S. trademark WE R NOT EQUAL =, Ser. No. 85919039 (TTAB Opposition No. 91212901).

The case was commenced by The Trademark Company on the grounds that the registered trademark would create a likelihood of confusion with Inc International Company’s family of trademarks for UNEQUAL which retained priority of use over the opposed trademark by virtue of their common law and registered status.  After institution of the matter counsel for Inc International Company submitted discovery to the owner of the contested application.  The discovery contained Requests for Admissions which were required to be responded to within 35 days of submission.  When the owner of the opposed application failed to respond to the timely served Requests for Admission they were deemed admitted under the applicable rules.  Based upon these critical admissions, Inc International Company, by counsel, filed a motion for summary judgment with the TTAB.

Thereafter, the TTAB granted Inc International Company’s motion for summary judgment and sustained the opposition to the disputed trademark.  A subsequent request to reconsider by the applicant was later denied.

If you have any questions about this case or any other matter pending before the TTAB Contact Us.  If you would like to learn more about our Enforcement Services for TTAB matters Click Here.

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.