With the court case between Salt Lake Comic Con and San Diego Comic-Con heading to trial tomorrow, it’s interesting to see how other registrant claimants are working.
Such as Nashville Comic Con, trying to register its own name as a trademark, has received the following letter from the trademark authorities.
A letter of protest filed before publication has been accepted because the evidence submitted by the protester is relevant and may support a reasonable ground for refusal appropriate in ex parte examination. TMEP §1715.02. Therefore, you must consider the following and make an independent determination whether to issue a requirement or refusal based on the objections raised in the letter of protest:
Possible likelihood of confusion under Section 2(d) with the following registrations and application:
- U.S. Registration No. 3219568 for the mark COMIC- CON;
- U.S. Registration No. 2218236 for the mark COMIC CON INTERNATIONAL;
- U.S. Registration No. 3221808 for the mark SAN DIEGO COMIC CON INTERNATIONAL and Design;
- U.S. Registration No. 4425806 for the mark ANAHEIM COMIC-CON;
- U.S. Registration No. 4856095 for the mark LOS ANGELES COMIC-CON, and
- U.S. Application Serial No. 86482550 for the mark SAN FRANCISCO COMIC-CON.
Now, you could go to war with the owners of this trademark, as Salt Lake Comic Con has done, spending hundreds of thousands of dollars in the process.
Or, as Phoenix Comicon did when they received a similar letter, amend your application to include the phrase “No claim is made to the exclusive right to use “COMIC-CON” apart from the mark as shown.” into your application seems to do the job. And suddenly…
That’s if you want to take a more pragmatic path, that is.
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