Viterra Can't Use XCEED Mark For Seeds, Fed. Circ. Says

Law360, New York (March 6, 2012, 5:40 PM EST) -- The Federal Circuit on Tuesday affirmed the U.S. Patent and Trademark Office's refusal to grant global agribusiness Viterra Inc. the trademark XCEED for agricultural seeds, finding the mark too similar to that of garden products manufacturer X-Seed Inc.

Rejecting Viterra's arguments that the marks were in fact dissimilar, the appeals court upheld the Trademark Trial and Appeal Board's affirmation of an examining attorney's decision not to register the XCEED mark because of a likelihood of confusion with X-Seed's previously-registered word and design mark for agricultural seeds....
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