How to Prove Use Analogous to Trademark Use

A recent trademark opposition decision by the U.S. Trademark Trial and Appeal Board is an example in how an Opposer should properly establish use analogous to trademark use. In Dexas International, Ltd v. Ideavillage Products Corp., the Opposer filed an Opposition against Applicant’s Mark, SNACKEEZ DUO  for “beverage ware; household containers for foods; thermal insulated containers for food or beverages; bottles, sold empty for beverages; cups for beverages; insulating sleeve holder for beverage cups; portable beverage and food container holder” in International Class 21.  In support of its notice of opposition, Opposer relied on its priority use of its common law mark SNACK-DUO as used on food and drink containers.   Opposer grounds for the opposition was a likelihood of confusion under Section 2(d) of the Trademark Act. To establish proof of its priority common law use, the Opposer submitted seven declarations and three deposition…

Read more detail on Recent Intellectual Property Law posts –

This entry was posted in Intellectual Property and tagged , , . Bookmark the permalink.

Leave a Reply