Texas A&M University V. Washington Soap Company
This Opinion is Not a Precedent of the TTAB Mailed: July 12, 2018 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ Texas A&M University v. Washington Soap Company _____ Opposition No. 91223136 _____ John C. Cain of Fleckman & McGlynn, PLLC, for Texas A&M University. Washington Soap Company, pro se. _____ Before Wellington, Adlin, and Larkin, Administrative Trademark Judges. Opinion by Larkin, Administrative Trademark Judge: Washington Soap Company (“Applicant”), appearing pro se, seeks registration on the Principal Register of the mark 12TH MAN HANDS in standard characters for “handmade loofah soap bar or puck,” in International Class 3.1 1 Application Serial No. 86445864 was filed on November 5, 2014 under Section 1(a) of the Trademark Act, 15 U.S.C. § 1051(a), on the basis of Applicant’s claim of first use of the mark and first use in commerce at least as early as December 1, 2013. Opposition No. 91223136 Texas A&M University (“Opposer” or “Texas A&M”) has opposed registration on the grounds of priority and likelihood of confusion under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), based on four pleaded registrations of 12TH MAN-formative marks and alleged common law use of 12TH MAN marks, and of dilution by blurring under Section 43(c) of the Trademark Act, 15 U.S.C. § 1125(c). Only Opposer submitted trial evidence and filed a brief. We sustain the opposition based on Opposer’s likelihood of confusion claim. I. Evidentiary Record The record consists of: 1.
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