Evidence of Registration Sufficient For Prima Facie Likelihood of Confusion

Jan. 7, 2014, 5:00 AM UTC

The inclusion of a trademark registration as the only evidence in an opposition filing was sufficient for a prima facie showing of likelihood of confusion, the Trademark Trial and Appeal Board held Dec. 30 (Skincode AG v. Skin Concept AG, TTAB, 91206091, 12/30/13).

The board denied a motion to dismiss filed by the trademark applicant, which challenged the opposer’s submission of its own registration as insufficient evidence to establish a prima facie likelihood of confusion.

The board determined from the opposer’s evidence that the marks were similar and the goods were identical, which was sufficient for at least ...

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