Posted By RichC on January 25, 2011
So the HP-Palm gadget many though might be the “PalmPad” is not going to receive the blessing of the United States Patent and Trademark Office; they sees the too close to other trademarks? (Palm, Palm Pre, etc) It sort of looks to me as if HP needs to go back to the ‘slate’ devices – maybe the “TouchSlate” isn’t so bad after all?
"Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos [lists 5 registration numbers]."
"Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely that a potential consumer would be confused or mistaken or deceived as to the source of the goods and/or services of the applicant and registrant."
"Applicant’s mark PALMPAD is similar to the registered marks PALM because applicant’s mark contains the entirety of the registered marks. Simply adding the term PAD to its mark does not differentiate the marks sufficiently to overcome the striking similarity created by applicant’s use of the registered mark PALM in its mark. The mere addition of matter to a registered mark generally does not obviate the similarity between the marks nor does it overcome a likelihood of confusion under Trademark Act Section 2(d)."