Filed under: Case Updates, Trademarks | 24 February, 2011 | by Chris G

Decided: 12/28/2010

Summary: Wacker Neuson mark was initially refused under Section 2(d) of the Trademark Act because of similarities of mark (Wacker Neuson and Neuson) and goods (construction equipment).  TTAB allowed a third consideration on appeal, consent by owner of registered mark to allow applicant to use and register the mark for the identified goods and services.  Refusal to register under Section 2(d) was reversed.

See Full Opinion