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ARTICLE · 08 APRIL 2014

TTAB Expands Protection For Famous Marks

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In January, the USPTO’s Trademark Trial and Appeal Board issued a precedential decision which granted a broad range of protection for a famous mark.

United StatesIntellectual Property
Karen Artz Ash
Karen Artz Ash
Bret Danow
Bret Danow
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In January, in Weider Publications LLC v D&D Beauty Care Company LLC, the US Patent and Trademark Office's Trademark Trial and Appeal Board (TTAB) issued a precedential decision which granted a broad range of protection for a mark determined to be famous. D&D Beauty had filed an application seeking to register the mark Shapes for use in connection with a range of beauty-related services. Weider Publications opposed registration of the mark claiming, among other things, a likelihood of confusion with its federal trade mark registrations for the mark Shape covering print and digital magazines in the field of health and fitness.

As a first step in the likelihood of confusion analysis, the TTAB drew the conclusion that Weider Publication's Shape mark was famous based on the continuous use of the mark for over 30 years and an overall audience for the magazine across all platforms of approximately 6 million people a month. The determination that the Shape mark was famous

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