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ARTICLE · 04 OCTOBER 2022

13th DuPont Factor Saves Four "GAIA" Marks For Supplements From Section 2(d) Refusal

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"Here comes the thirteenth DuPont Factor." The Board reversed Section 2(d) refusals of the marks GAIA, GAIA KIDS, GAIA HERBS (Stylized), and GAIA HERBS (standard characters), all for supplements...

United StatesIntellectual Property
John L. Welch
John L. Welch
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"Here comes the thirteenth DuPont Factor." The Board reversed Section 2(d) refusals of the marks GAIA, GAIA KIDS, GAIA HERBS (Stylized), and GAIA HERBS (standard characters), all for supplements "in the form of gummies," finding no likelihood of confusion with the registered mark GAIA GREEN for supplements. Relying on the Strategic Partners decision, the Board found that applicant's prior registrations for substantially similar marks covering goods nearly identical to those of the applications at issue, which registrations co-existed for more than five years with the cited registration, turned the tables on the USPTO. In re Gaia Herbs, Inc., Serial Nos. 90052133, 90052135, 90052144, and 90052150 (September 26, 2022) [not precedential] (Opinion by Judge George C. Pologeorgis).

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