"Nexus One" Likelihood of Confusion With "Nexus" Says Trademark Examiner

Google, Inc. received an initial refusal from the U.S. Patent and Trademark Office for its trademark application for "Nexus One" in connection with mobile phones (Serial number 77891022). The trademark examiner held  there was a likelihood of consumer confusion between the mark "Nexus One" for mobile phones and the mark "Nexus" for a variety of telecommunication services.

Here, the applicant seeks registration of the mark NEXUS ONE for use in connection with “mobile phones”.  The registrant uses the mark NEXUS in connection with “providing telecommunication services, namely, transmission of data and voice, and enhanced calling features, namely, conference calling, call forwarding, call rejection, call return, call waiting, caller ID, caller ID block, continuous redial, specialized ringing services, fax overflow services, line hunting, speed calling, long distance telephone service, inbound toll-free service, voice mail, and high-speed access to a global computer network, all of the foregoing excluding providing multiple-user access to a global computer information network for participants in the physical oil industry”.

Google will have a period of six months to prepare and submit a response to the USPTO.  If Google cannot overcome the refusal, a Final Refusal will issue and Google will have six months from the issuance of a Final Refusal to file any new information and/or an Appeal.

This is a long ways from being over.

Attorney Gordon Firemark and I discussed this matter in January 2010 in Episode 8 of the Entertainment Law Update Podcast.