Mil-Mar Shoes had several retail shoe stores operating under its WAREHOUSE SHOES name. When it filed a trademark application for its mark, the application was rejected by the Trademark Office Examining Attorney based on a likelihood of confusion with Eurostar’s (West Coast retail shoe store) pre-existing WAREHOUSE SOE SALE application for retail shoe store services. Attorney Sokol persuade Eurostar to enter a Consent Agreement dividing the country into regions in which each could separately use their marks without confusion. The Consent Agreement was then used to persuade the Examiner to withdraw the refusal, and obtain Mil-Mar U.S. Registration No. 2,551,379.
Overcoming Likelihood of Confusion Rejections by the USPTO and Competitors
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