“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.

About ipandentertainmentlaw

Tamera Bennett, nicknamed by her clients as the IP quarterback, develops strategies to protect and leverage each client's intellectual property. She works closely with her clients to implement customized brand management programs. Her clients range from rock star to leadership coach and financial guru to custom motorcycle designer. Prepared with an undergraduate degree in Recording Industry Studies and a law degree from Texas Wesleyan University School of Law, Tamera represents clients throughout Texas and Tennessee in entertainment, trademark and copyright law related matters View all posts by ipandentertainmentlaw

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