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TTAB Sustains 2(d) "TELMEX" Opposition, Finding Applicant Acted in Really Bad Faith

Applicant Andres Guiterrez Estrada, a resident of Mexico, was taken to the woodshed by the Board in this Section 2(d) opposition to registration of the mark AUDITORIO TELMEX for arena and entertainment services [AUDITORIO disclaimed]. The Board found his mark likely to cause confusion with the previously-used mark TELMEX for telephone calling card services. Estrada's bad faith adoption of the mark and his "evasive and disingenuous" discovery responses raised the Board's hackles. Telefonos de Mexico, S.A.B. de C.V. v. Andres Gutierrez Estrada, Opposition No. 91183487 (June 30, 2010) [not precedential].Opposer, a major telecommunications company based in Mexico, proved priority only with regard to its telephone calling card services. The Board struggled in finding the involved services to be related, but Estrada's bad faith permeated the decision...continue to full post

Full post as published by The TTABlog on July 19, 2010 (boomark / email).