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Trademark Trial and Appeal Board Win

Warner attorneys won a trial before the Trademark Trial and Appeal Board (TTAB) in Washington, DC on behalf our client.

Our client was opposing the registration of defendant’s trademark application for the mark JEWEL BOX. Both parties use their marks with live plants that were intended to be substitutes for boxwood plants, and we opposed the registration of the mark on the basis of our client’s prior registrations for the marks GEM BOX and JUKE BOX for live plants used as boxwood alternatives.

We asserted that registration of defendant’s trademark created a likelihood of confusion and would be damaging to our client’s mark. After applying the multi-factor test for consumer confusion, the TTAB panel agreed with us that defendant’s mark would be likely to cause confusion with our client’s trademarks, and thus sided with us by refusing to register it.