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Intellectual Property Law

: The TTABlog

Finding BOTOX Famous, TTAB Sustains Section 2(d) Opposition to GS GEMS STYLE HAIR BOTOX for Hair Care Products

The Board sustained this opposition to registration of GS GEMS STYLE HAIR BOTOX for various non-medicated hair care products [STYLE HAIR BOTOX disclaimed], finding confusion likely with the famous mark BOTOX for pharmaceutical preparations, including preparations for the treatment of wrinkles. Applicant Gems Style, appearing pro se, contended that "Hair Botox" "is a term widely recognized by the general consumer public in the United States and by the social media" that has a distinct meaning from BOTOX alone. The Board was unimpressed. Allergan, Inc. v. Gems Style Inc., Opposition No. 91241842 (October 23, 2020) [not precedential] (Opinion by Judge Marc A. Bergsman). Fame: The Board found BOTOX to be a coined term with no recognized meaning other than as a trademark...continue to full post

Full post as published by The TTABlog on October 27, 2020 (boomark / email).