College Of Texas Victorious In Trademark Opposition – Trademark – United States

College Of Texas Victorious In Trademark Opposition – Trademark – United States

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The Hook ’em Horns of the College of Texas earned an enormous
win in a current trademark opposition continuing. That is an
attention-grabbing sports activities trademark case.

The case, the Board of Regents of the College of Texas v.
Kendall A. Beaver,
was introduced by UT towards the proprietor of the
following trademark software:

1218284a.jpg

The Applicant’s software “(the downward hand design
mark”) was for quite a lot of promotional merchandise. This
included decals in Class 16; attire gadgets in Class 25; and toy
foam novelty gadgets in Class 28. The Utility was primarily based on an
intent to make use of in commerce.

UT relied on its Reg. No. 4535612 of its Upward Hand Design Mark
featured right here:

1218284b.jpg

UT’s items included decals in Class 16; and t-shirts and
shirts in Class 25. The discover of opposition grounds included a
chance of confusion, false suggestion of a connection, and
dilution. The grievance was thereafter amended to withdraw the
dilution grounds and so as to add a depend for lack of bona fide
intent to make use of the mark on the utilized for items.

Applicant’s infraction. Sadly for
Applicant, it dedicated a trademark guidelines infraction that resulted
in a extreme penalty:

In Board proceedings, all events should take and introduce its
testimony throughout its trial testimony interval. The Applicant failed
to take action right here. As a substitute, it connected evidentiary displays to its
Transient submitted after its Trial Testimony interval had ended.

The Trademark Trial and Attraction Board confirmed no mercy, and
strictly utilized its TTAB guidelines to the case. The Applicant had
ample alternative throughout its Trial Testimony Interval to submit
declarations, notices of reliance, and different types of admissible
proof in assist of its case. For the Board, Applicant’s
failure to do couldn’t lead to a replay or trying the opposite
method. Accordingly, the Board granted Opposer’s movement to strike
the displays as premature proof. Moreover, for the reason that Applicant
didn’t submit any proof throughout trial, any factual assertions
in Applicant’s temporary weren’t thought of.

Opposer’s proof. The College of Texas
correctly submitted proof and testimony to assist all of its
claims, which was acknowledged by the Board. For every of the claims,
Opposer, like all opposers in opposition proceedings earlier than the
Board, had the burden to current a prima facie case. The
Board discovered it did so right here. And whereas Applicant’s have the
alternative to rebut an Opposer’s preliminary exhibiting, the
Applicant right here couldn’t achieve this primarily based on its guidelines infraction. In
the top, the Board dominated in Opposer’s favor, and refused
Applicant’s registration.

Editor’s Word: The Applicant represented herself,
and was apparently neither an lawyer nor versed in TTAB guidelines of
observe.
The Trademark Board Handbook of Process
supplies the premise for
the best way to litigate or defend a trademark opposition. All candidates
and their attorneys are inspired to comply with it. We focus on different
useful hints in an earlier article which may be discovered right here.

The content material of this text is meant to offer a basic
information to the subject material. Specialist recommendation must be sought
about your particular circumstances.

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