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ARTICLE · 27 MARCH 2018

TTAB Test: Is NONSTOP KNIGHT Confusable With NONSTOP GAMES For Computer Game Software?

Wolf, Greenfield & Sacks, P.C.
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The USPTO refused registration of the mark NONSTOP KNIGHT for computer game software, finding it likely to cause confusion with the registered mark NONSTOP GAMES ...

United StatesIntellectual Property
John L. Welch
John L. Welch
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The USPTO refused registration of the mark NONSTOP KNIGHT for computer game software, finding it likely to cause confusion with the registered mark NONSTOP GAMES for the same goods. On appeal, applicant pointed to more than 20 iPhone apps having the word NONSTOP, in various spellings, in their names - including NONSTOP NINJA, NONSTOP HERO, and NONSTOP MILLIONAIRE - and it argued that NONSTOP is a weak formative in this field. How do you think this came out? In re Kopla Games Ltd., Serial No. 87004917 (March 14, 2018) [not precedential] (Opinion by Judge Albert Zervas).

As we know, when the marks at issue appear on identical goods or services, a lesser degree of similarity is necessary between the marks to support a finding of likely confusion.

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