AMS survey sparks withdrawal of trademark registration application

In an action before the Trademark Trial and Appeal Board (TTAB), the client, a manufacturer of consumer electronics, charged that a competitor’s registration of a multi-word trademark, which included one of the client’s registered marks, would cause confusion. Applied Marketing Science, Inc. (AMS) conducted a survey of potential purchasers of consumer electronics who would shop in a store where the 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 the client’s mark. Following the filing of the expert report detailing these findings, the competitor withdrew the trademark application.


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