Trademark Trial and Appeal Board
BSKB would like to congratulate its client, The RV Factory, for successfully petitioning to cancel US Registration No. 5252621. This registration is for the mark LUXE RV for use with “Rental of vehicles; Rental of motor vehicles; Rental of traction vehicle and trailers; Vehicle rental; Providing a website featuring information about RV parking; Rental of motor homes" ("the ‘621 registration”).
The RV Factory’s application to register the mark LUXE for use with “Recreational vehicles, namely, fifth wheel travel trailers” was refused registration because of a likelihood of confusion with LUXE RV in the ‘621 registration. The RV Factory relied upon its prior common law rights and successfully alleged a likelihood of confusion. The ‘621 registration will now be canceled, and The RV Factory’s application should be allowed to pass toward registration. A copy of the TTAB Order is available at TTABVue here.