Here at Name Warden, we work with trademarks, and we like beer. Lately we have seen a lot of beer companies feuding over trademark rights. For example, Magic Hat v Georgetown Brewing, Lagunitas v Sierra Nevada, Bell’s v Innovation Brewing, and on and on.
Likelihood of confusion rejections – 2(d) refusals – are a common type of obstacle for a trademark application. When the examining attorney finds a similar-looking trademark in the USPTO records, for similar-seeming goods or services, up goes the 2(d) flag. What if there is not just one other user of a similar mark, but many? […]