The widely known photo and video-sharing social networking
platform, Instagram, has quite recently filed an opposition before the
Trademark Trial and Appeal Board (TTAB) against the Trademark
Registration of the word INSTAGEM by Market Organization Inc.
In its opposition filed, Instagram has claimed that the INSTAGEM trademark will
cause a lot of consumer confusion and also damage the reputation of Instagram.
The applicant, Market Organization, is willing to get the mark INSTAGEM
registered in International Class 41 for ‘Video Editing.’
According to Instagram, its social media platform was launched in
2010, and since then, it has been consistently using the INSTAGRAM trademark in
connection with its platform in the US. It also owns a variety of Trademark
Applications and registrations for the mark INSTAGRAM covering
several goods and services. Besides Instagram’s social networking platform, the
trademark applications and registrations include –
1. Providing use of online temporary non-downloadable software for
allowing the transmission of images, audiovisual, and video content
2. Both downloadable and non-downloadable computer software for
modifying the appearance and allowing the transmission of images, audio-visual,
and video content
Instagram has alleged that Market Organization’s services are
quite similar to the ones it offers corresponding to the INSTAGRAM mark.
Instagram is now opposing this trademark registration as it believes that the
applicant’s proposed trademark is deceptively similar to the INSTAGRAM mark,
and the same holds immense potential for creating confusion in the minds of the
customers or users. According to Instagram, the customers might also end up
thinking that the applicant is or has been connected or affiliated with
Instagram. Another possibility lies in the customers believing that the
applicant’s services provided under the proposed trademark have been
authorized, sponsored, endorsed, or licensed by Instagram. Additionally, it has
also stated that the INSTAGEM mark shall dilute the INSTAGRAM mark and cause
great damage to its reputation.
All in all, Instagram wants the trademark registration of the
INSTAGEM mark to get refused.
For view source: https://www.kashishipr.com/blog/instagram-opposes-the-registration-of-instagem-trademark/
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