IN RE: GUILD MORTGAGE COMPANY
- Jan 28 2019 |
- Category: CAFC Updates
Guild Mortgage Co. (“Guild”) appeals a decision of the Trademark Trial and Appeal Board affirming the examiner’s refusal to register the mark “GUILD MORTGAGE COMPANY” and design based on a likelihood of confusion with the registered mark “GUILD INVESTMENT MANAGEMENT.” Finding that the Board erred by failing to address Guild’s argument and evidence related to DuPont factor 8, which examines the length of time during and conditions under which there has been concurrent use without evidence of actual confusion (over 40 years of concurrent use), the CAFC vacates and remands.