SSJR Wins Opposition at TTAB
18 November 2014
The U.S. Trademark Trial and Appeal Board (“Board”) issued a decision granting SSJR’s opposition against the trademark GO PRO OR GO HOME for various forms of apparel. SSJR’s client in this case is a sole proprietor who owns a prior registration for the mark GO PRO. The Board agreed with SSJR’s arguments that marks are similar and are associated with very similar products that travel in the same channels of trade to the same types of consumers. The Board adopted SSJR’s reasoning that a new entrant in the market did not gain the right to register a confusingly similar mark simply because the number of persons exposed to the previously registered mark is relatively small. The case was tried using the Board’s Accelerated Case Resolution (“ACR”) procedure, which allowed the parties to stipulate to a streamlined discovery schedule and provided testimony by affidavit, which substantially controlled the cost of the proceeding.