Third-Party Use of Similar Marks Relevant to Strength of Opposer’s Trademark
13 11 2015IPWatchdog
August 28, 2015
Joseph Robinson & Robert Schaffer
Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA (“Wolfskin”) applied to register a design mark consisting of an angled paw print for use with its clothing, footwear, and accessory products. New Millennium (“NM”) filed an opposition asserting that Wolfskin’s mark would likely create confusion with NM’s KELME mark. Wolfskin denied the allegation and counterclaimed to cancel NM’s KELME mark for abandonment. The Trademark Trial and Appeal Board (“Board”) sustained NM’s opposition and refused Wolfskin’s application.
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