the Trademark Resource for Start-Ups, Business Owners, Marketing Professionals, In-House Counsel, and Attorneys

June 2018

Less than two weeks ago, the Trademark Trial and Appeal Board (“TTAB”) issued its precedential decision in In re I-Coat Company, LLC. The case involved I-Coat’s appeal from the U.S. Patent and Trademark Office’s (“USPTO”) refusal to register its three trademark applications for INDIGO for corrective lenses based on a likelihood of confusion with Schwabe & Baer’s registered INDIGO and INDIGOSNOW trademarks for glasses and ski goggles. While the TTAB affirmed the USPTO’s § 2(d) likelihood of confusion refusal, the decision is more important because the TTAB took the time to clarify the requirements for introducing and relying on Internet evidence during ex parte proceedings before the USPTO. continue reading→