TTAB Applies Unique Likelihood of Confusion Analysis in Allowing Registration of a Mark | Practical Law
In In re Strategic Partners, Inc., the Trademark Trial and Appeal Board (TTAB) reversed a trademark examiner's refusal to register a mark, even though the proposed mark is similar to an already registered mark. While the TTAB indicated that confusion would ordinarily be likely, it was persuaded that the mark was entitled to registration because the applicant owns an existing registration for a mark that is substantially similar to its applied-for mark and that has coexisted with the mark cited by the trademark examiner for more than five years.