Google Denied "Nexus One" Trademark
Apparently, the biggest and most technically savvy company can have trouble getting through the trademark process. The United States Patent and Trademark Office denied Google's trademark application for the mark "Nexus One," which is the name of Google's newest touch screen phone. While some posts on the matter questioned how Google could "miss" finding the prior filing, it is possible that Google saw the registration, but felt they had viable claims to support their application.
The USPTO replied to Google's application with an office action indicating the proposed mark may present a likelihood of confusion with a previously registered mark. The previously registered mark belongs to Integra Telecom Inc., which had registered the mark "Nexus" in 2008 in connection with telecommunication services. In explaining the refusal, the USPTO noted that "Nexus One" and "Nexus" are confusingly similar.
The office also noted that a likelihood of confusion may also arise when one mark is completely encompassed within another mark, as in the case here (i.e., the registered word "Nexus" inside the applied for phrase "Nexus One"). In the trademark application process, the examining attorney responds to the applicant through an office action, which is a letter indicating whether there are any objections to registration. Thereafter, an applicant has six months to respond or else the application will be considered abandoned. Google confirmed in the summer of 2010 that it planned to respond to the office action and would submit further evidence in support of its application.
If you live in North Florida and have a question about trademarks, please contact Wood, Atter & Wolf, P.A., a Jacksonville, Florida law firm.
