Hylete Loses Bid to Register ‘H’ Trademark for Athletic Apparel

Hylete LLC can’t undo a decision rejecting its trademark application covering the letter “H,” the Federal Circuit ruled August 1.

The U.S. Court of Appeals for the Federal Circuit rejected Hylete’s argument that the USPTO wrongly compared its “H” to another “H” mark instead of a larger “composite mark” because Hylete raised the argument for the first time on appeal.

Hylete filed to register a trademark for a stylized letter “H” covering athletic apparel. Hybrid Athletics LLC opposed the application, arguing Hylete’s mark would cause confusion with its own stylized “H.” Hybrid said it had common-law rights in the “H” ...