A consent settlement generally is a highly effective instrument to beat a USPTO likelihood-of-confusion refusal—however provided that it’s finished proper.
On this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley focus on the TTAB’s precedential resolution in In re Ye Mystic Krewe of Gasparilla, the place the Board rejected a one-page consent settlement as a “bare consent” inadequate to beat a Part 2(d) refusal.
They unpack:
The historical past of the GASPARILLA software
Why the TTAB mentioned the settlement didn’t “present the work”
Tips on how to draft a consent settlement that may truly persuade the USPTO
Don’t miss this one—it’s a sensible information for anybody working with logos or model portfolios. Watch this episode on YouTube or hearken to the podcast episode right here.
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