In 1985, Artsource, Inc. began its business of consulting customers on art and pictures. However, in 1993, when it filed an application for ARTSOURCE, the Trademark Office refused the application based on a likelihood of confusion with Art Emporium Outlet’s Registration No. 1,579,582 for ARTSOURCE for retail store services and Decorative Arts’ Registration No. 1,771,909 for its ART SOURCE Logo for picture framing and interior decorating services.  Attorney Sokol’s review of Registration No. 1,579,582 indicated that the mark was either not currently in use or the owner would not defend the registration.  His review of Registration No. 1,771,909 indicated that Artsource had prior common law rights.  He then filed petitions to cancel both cited registrations. (Cancellation Nos. 92,023,004 and 92,022,993).  This resulted in the TTAB’s cancellation of Registration No. 1,579,582, and Decorative Arts Consenting to Artsource’s use and registration of its ARTSOURCE mark.  The Examining Attorney withdrew the likelihood of confusion refusals, and issued Artsource, Inc. Registration No. 2,042,572 for ARTSOURCE for non-retail art and picture sales.

Filed Under

  • USPTO: Overcoming Likelihood of Confusion Rejections by the USPTO and Competitors
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