Federal Circuit Vacates And Remands Trademark Trial And Appeal Board Likelihood-Of-Confusion Ruling For Failure To Consider Relevant Evidence And Argument Concerning DuPont Factor 8
On Monday, January 14, 2019, the Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion vacating and remanding a decision by the Trademark Trial and Appeal Board (“TTAB”) refusing to register a design mark based on likelihood of confusion. In re Guild Mortgage Co., —F.3—, (Fed. Cir. January 14, 2019). The CAFC ruled that the TTAB failed to consider the relevant evidence and argument directed to DuPont factor 8.