University of Texas Wins Trademark Opposition

The Trademark Trial and Appeal Board recently decided Board of Regents of the University of Texas v. Kendall A. Beaver in favor of the University of Texas, refusing registration of the applicant’s mark.

The University opposed the application on grounds including likelihood of confusion with its well-known Hook ’em Horns and other athletic marks used in connection with collegiate sports and merchandise. Texas submitted evidence and testimony establishing its prior use and the strength of its marks. The applicant did not successfully rebut the prima facie case presented by the opposer.

The Board found that the University had met its burden on all claims and that the applied-for mark was likely to cause confusion with Texas’s established brands. The decision underscores the strength of university athletic trademarks in opposition proceedings and the importance of presenting robust evidence of use and consumer recognition.

This outcome protects the University’s branding in the collegiate sports market and serves as a reminder to applicants of the evidentiary standards required to overcome oppositions by established brand owners.

Sources: https://www.trademarklitigationguide.com/university-of-texas-victorious-in-trademark-opposition/ https://ttabvue.uspto.gov/ttabvue/