William Adams (aka “will.i.am”) member of the well-known music group, The Black Eyed Peas filed a trademark application for the mark I AM at the United States Patent & Trademark Office. The trademark application identified products in international class 3 including but not limited to cosmetics, fragrances, beauty products and personal care products. The Examining Attorney refused registration on the ground of likelihood of confusion. The cited mark was a prior registration for the identical trademark I AM for perfume in international class 3. William Adams appealed to the Trademark Trial and Appeal Board (the “Board” or the “TTAB”) and after filing the appeal assigned the trademark application to i.am.symbollic, llc (the “Applicant”). See In re i.am.symbollic, llc Serial No. 85044494 (TTAB October 7, 2015). The Applicant insisted that the language included in the identification of goods distinguished the goods from…
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