"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.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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