The University of Texas has been successful in a recent trade mark opposition case.
The University of Texas opposed a trade mark which depicted a downward hand with the two middle fingers and thumb folded in and the index and pinkie finger extended (“downward hand”). The application was filed with the intent to use in commerce.
The University of Texas has a registered mark which depicts an upward hand which also has the middle fingers and thumb folded in and the index finger and pinkie fingers extended (known as the “Hook ‘em Horns”).
The opposition was filed on the grounds of likelihood of confusion, false suggestion of a connection and dilution of the mark. During the trial, the applicant failed to present any evidence and thus resulting in the application being refused.
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