In addition, the board found that, given the geographic overlaps, the effectiveness of the other provisions of the agreement had been compromised. The other provisions of the agreement to reduce the resemblance between the parties` trademarks – the addition of each party`s mark to the mark as a whole, the restrictions on commercial apparel – were deemed insufficient to avoid possible consumer confusion. Proposals to improve the form and content of the manual are always welcome. You must be emailed to email@example.com or: 29. Id. Compare In re Am. Cruise Lines, Inc., 128 U.S.P.Q.2d 1157 (T.T.A.B. 2018) (The conclusion of an approval agreement with reasons for which the parties considered, That confusion was not enough to undo a 2 d refusal), with In re Bay State Brewing Co., 117 U.P.Q.1958 (T.T.A.B 2016) (the approval agreement is deemed insufficient to terminate a S. 2 (d) refusal because the agreement contained geographic restrictions that were not part of the notification). What is interesting about this decision is that the parties` approval agreement was not just an approval agreement. While the TTAB speaks briefly in the decision of naked approval agreements, in this case, it is never specified that the approval agreement is merely an approval agreement. Thus, non-naked consent agreements may be rejected by an audit lawyer and the TTAB. Again, the TTAB went through the Bridge factors and found that the resemblance of brands, goods and trade routes was offset by a risk of confusion before turning to the approval agreement.
An acceptance agreement is an agreement in which one party accepts the registration of one mark by the other or in which each party accepts the registration of an identical or similar mark by the other. TMEP 1207.01 (d) (viii). The correct form of an approval agreement varies from country to country. In the United States, trademark controllers give approval agreements that do not specify why the risk of confusion is no less than those who do. Approval agreements may be signed by both parties or only by the registrant, depending on whether the agreement includes commitments/representations for both parties.