Intellectual Property Law

New Matter SUMMER 2020, Volume 45, Number 2

TTAB Decisions and Developments

Jane Shay Wald

Irell & Manella LLP

Opposer Proved Standing By Use Of A Trade Name That Was Made By Its Sub, Wholly Owned The Applicant’s Branding Derived From The Same Name For Goods You Could Call "Telephoned"

This Opinion arose from a stipulated bifurcated proceeding to establish only the contested issue of whether Opposer had standing to oppose two application of Dormitus Brands LLC ("Dormitus"). Dormitus applied to register the standard character mark CINGULAR for a wide variety of telephonic goods, software and accessories in Class 9 as well as the CINGULAR mark and logo below, also for an array of such goods, in Class 9. AT&T Mobility LLC ("AT&T") opposed. The Board found that Opposer had proven standing based on trade name use by its wholly owned subsidiary.

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