The Federal Circuit partially refuted the long held assumption that the trademark applicant has the burden of proving third party marks were in use when determining the strength of the.
In a significant decision, the Federal Circuit has clarified the weight given to third-party registrations in determining the strength of the opposer’s mark and has firmly placed the.
The way the TTAB analyzes third-party marks in future disputes with third-party marks will also be more significant in the likelihood of confusion analysis.
In Spireon, Inc. v. Flex Ltd., No. 2022-1578 (Fed. Cir. June 26, 2023), the Federal Circuit took a surprising turn in which it held that it is the trademark owner’s burden to prove that.