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Rejecting Opposer's CD-ROM Testimony, TTAB Dismisses SWATCH Opposition to SWAP for Watch Bands

The Board dismissed an opposition to registration of the mark SWAP in the stylized form shown below, for "watch faces, ribbon watch bands, slide pendants, and beaded watch bands," finding it not merely descriptive of the goods, and not likely to cause confusion with or to dilute the registered mark SWATCH for watches, clocks, and parts. Opposer Swatch failed to get into the record a significant chunk of testimony and evidence that might have changed the outcome. Swatch AG v. Bernard, Opposition No. 91169312 (February 23, 2011) [not precedential].Testimony on CD-ROM rejected: Opposer got off on the wrong foot when it submitted testimonial depositions of five witnesses on CD-ROM. However, since August 31, 2007, CD-ROMS are no longer accepted. See Rule 2...continue to full post

Full post as published by The TTABlog on March 04, 2011 (boomark / email).