When it comes to filing a trade mark opposition, you need to ensure that there is expected to be a likelihood of confusion for the average consumer.
This has been the case in the recent Walmart v Kanye West case where Kanye has applied for a Device mark for his brand Yeezy.
The device consists of dots in a star like positioning. Despite the fact that the device is made up of dots as opposed to lines, Walmart has argued that the overall impression is likely to cause a level of confusion as the overall look of the marks are similar.
It may be possible for the two to enter into an agreement whereby they can all exist on the register harmoniously. This could be due to them both signing a co-existence agreement if the classes themselves do not overlap and the terms specify the difference between the marks.
However, due to the popularity of Yeezy’s since 2013, it may be harder for Walmart to express their rights over the branding and preserve its reputation.
If you have any further questions regarding trade mark oppositions, please do not hesitate to contact the Trademarkroom team today.
