Urbana, IL asked in Trademark and Intellectual Property

Q: Hi! I notice WOW World of Wellness is live in TESS but I see cancellation terminated 780. I can't find their Website

Here is their registration # 5423900 (what is this used for) and their serial # 86851266 (what is this used for). The status date is 3/22/21.

2. How can you overcome a confusion of a mark? I am not sure I will get approved as mine is WOW Wisdom on Wellness.

2 Lawyer Answers
David Aldrich
David Aldrich
  • Trademarks Lawyer
  • Shelton, CT

A: The "serial number" is the number that gets assigned to a trademark application. If that application gets allowed, it receives an official certification of registration, with a "registration number."

The particular registration you reference is still active. Someone filed a "cancellation" proceeding to try to cancel the trademark, and it is this cancellation proceeding that was terminated. The trademark was cancelled for class 005, but it is still active for classes 041, 042, and 044.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: The registration number 5423900 and serial number 86851266 are identifiers used by the United States Patent and Trademark Office (USPTO) to track the trademark application and registration process, respectively. If the status indicates "cancellation terminated," it generally suggests that the trademark has been cancelled and is not in force. To overcome a likelihood of confusion with an existing mark, you would need to demonstrate that your mark is sufficiently distinct either in its appearance, sound, meaning, or commercial impression so as not to confuse consumers, or show that the goods and services the marks will be used in connection with are unrelated enough to mitigate confusion.

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