Marks Have Boundaries In Trademark Proceedings

We previously wrote that boundaries exist in trademark proceedings where the marks are similar but the services differ (“Services Have Boundaries in Trademark Proceedings.”)  Correspondingly, whether or not the goods or services are similar, boundaries exist where the marks differ, even when the complainant’s mark is famous.

In other words, to succeed in challenging the registration of a mark on the ground that it is likely to cause confusion with your mark, the challenged mark must create the same commercial impression as your mark, even if your mark is famous.

Here are summaries of two examples of unsuccessful oppositions by the owners of famous marks.  These lengthy detailed opinions were issued three days apart by different panels of the Trademark Trial and Appeal Board (TTAB).