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Precedential No. 50: TTAB Says Consent and License from Registrant Require Reversal of 2(d) Refusal of WACKER NEUSON over NEUSON for Machinery

The Board reversed a refusal to register the mark WACKER NEUSON for work machines for the building and the building material industries, finding it not likely to cause confusion with the registered mark NEUSON for "construction machines, namely, excavators." Applicant dug itself out of the 2(d) hole by submitting a consent agreement and a license from the Registrant, which the Board found sufficient to outweigh the other du Pont factors. In re Wacker Neuson SE, Serial No. 79060553 (December 28, 2010) [precedential].There was little dispute that the marks are similar and the goods related. The Examining Attorney argued that the consent was "naked" and that the facts did not support a finding of "unity of control" such that applicant and registrant could be considered the same source...continue to full post

Full post as published by The TTABlog on January 12, 2011 (boomark / email).