Friday, April 24, 2009

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ChaCha lodges formal protest over KGB's mark '542 542'

Ok, I'm far from a legal expert, and please chime in if I'm wrong, but from what I gather, information on the USPTO database indicates that last week the Office received a 'letter of protest' from ChaCha's lawyers regarding KGB's application for the servicemark '542 542,' which incidentally was initially refused by the Office in February. ChaCha brought attention to its own mark and objected to KGB's mark (application) apparently because of infringement (it is confusingly similar to ChaCha's mark of '242242'). The USPTO notices indicate that ChaCha's letter was 'accepted' - because ChaCha's evidence 'established a reasonable case for refusal, requirement or suspension' - and the Examining Attorney is going to mull it over. Since the 'letter of protest' was received prior to the timeframe for 'publication' (for objection by protestors) the decision lies within the EA's jurisdiction.

Does this mean that ChaCha didn't want to wait until the 'publication' timeframe, if kgb's application went that far, and sent its objection early on to accelerate the 'refusal, requirement or suspension' of kbg's application?

The images of the USPTO public notices and internal correspondence are below:


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