February 14, 2019

Federal Circuit Court Decisions For Week Ending January 18, 2019

In re Guild Mortgage Co., No. 2017-2620 (1/14/2019) (precedential) (3-0); Serial No. 86709944_

Key point(s):

  • When considering likelihood of confusion, the TTAB must consider a party’s argument and evidence directed to the “length of time during and conditions under which there has been concurrent use without evidence of actual confusion” (DuPont Factor 8) even if the evidence is presented in a party declaration.

In re Siny Corp., No. 2018-1077 (1/14/2019) (non-precedential); Serial No. 86754400_

Key point(s):

  • To meet the “use in commerce” requirement for trademark registration, an applicant should submit more than a webpage providing a phone number and e-mail address “for sales information.”

Related Team:

James Bender

Of Counsel