Bohan Mathers recently won a significant Trademark Opposition proceeding that was decided by the Trademark Trial and Appeal Board. The Opposer, represented by Bohan Mathers, owns a simple design mark that is used in connection with shopping mall services. The Applicant applied for registration of a mark that contained a similar design along with additional lettering and that was used in connection with retail stores specializing in beauty products. Although the United States Patent and Trademark Office initially approved the application, Bohan Mathers filed an opposition and successfully argued that the Applicant’s mark was confusingly similar to the Opposer’s mark based upon an extensive analysis of the “Dupont Factors”. The Trademark Trial and Appeal Board ultimately agreed with the argument presented by Bohan Mathers and refused to register the mark.
