Survey sparks withdrawal of trademark registration application

In an action before the Trademark Trial and Appeal Board (TTAB), our client, a manufacturer of consumer electronics, charged that a competitor’s registration of a multi-word trademark, which included one of our client’s registered marks, would cause confusion. We conducted a survey of potential purchasers of consumer electronics who would shop in a store where our client’s products were sold. This survey showed that a significant number of consumers who saw the defendant’s proposed mark would be confused and believe it to be our client’s mark. Following the filing of the expert report detailing these findings, the competitor withdrew the trademark application.