‘Flex’ Trademark Weakness Cited in Another Fed. Circuit Reversal

Logistics company Flex Ltd. had its successful opposition to a Flex-based trademark reversed by the Federal Circuit for the second time in two months.

Bad Elf LLC will get a second crack at its bid for “Flex” trademarks covering GPS apparatuses and services because a trademark tribunal erred in analyzing Flex Ltd.'s mark’s strength, the US Court of Appeals for the Federal Circuit said in a Monday opinion. The Trademark Trial and Appeal Board gave too little weight to third-party uses of “Flex” as it found Flex Ltd.'s mark reasonably strong, the appeals court said.

In June the court found ...