CAFC Clarifies Evidentiary Prerequisites in Opposition Proceedings Before TTAB

World Trademark Review Daily
March 2012

The Federal Circuit’s decision in Coach Services, Inc. v. Triumph Learning LLC, provides a useful summary of the factors to be assessed in evaluating likelihood of confusion and dilution questions arising in trademark opposition proceedings. In reviewing the Trademark Trial and Appeal Board’s decision to dismiss Coach Services, Inc.’s opposition to three “Coach” trademark applications filed by Triumph, the Court also provides guidance on certain evidentiary issues and on the question of acquired distinctiveness, remanding the case to the Board for further analysis on that issue.

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