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Google Nexus Trademark Application Denied


By Daya Baran at March 16, 2010 1 Comments    Share

A blog called Nexus is reporting that Google’s trademark application for the Nexus One mobile phones has been denied. The Gayler (the term used to refer to Google employees) could have done a quick “search” and learned of the conflict. The Trademark Office has issued this notice of refusal:

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 3554195.

The refusal was issued on the grounds that the mark could conflict with an existing NEXUS trademark (3554195) granted to Integra Telecom under the same class with a description which includes the provision of telecommunication services and the transmission of voice and data.

In this case, the following factors are the most relevant: similarity of the marks, similarity of the goods and/or services, and similarity of trade channels of the goods and/or services.

The goods and/or services of the parties need not be identical or directly competitive to find a likelihood of confusion.

The applied-for mark encompasses the registered mark. Likelihood of confusion is often found where the entirety of one mark is incorporated within another.

Google plans to contest the refusal.

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  1. Looking at the refusal it is solid. Google has a slim chance of getting this registered in the absence of a consent agreement or simply purchasing the blocking mark.

    Comment by TheTrademarkCompany — March 17, 2010 @ 3:10 AM

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