Graphics hardware manufacturing company NVIDIA Corporation filed a notice of opposition on Wednesday before the Trademark Trial and Appeal Board against applicant Advatix, Inc.’s application for the VIDYA mark, claiming that it will be damaged by the registration of the applicant’s mark.
According to the filing, the applicant seeks to register the VIDYA mark in International Class 9 for “Downloadable mobile applications for database management for managing training operations and e-commerce” and in International Class 42 for “Providing temporary use of on-line non-downloadable software for managing training operations and e-commerce.” NVIDIA noted that the application was filed in May 2020 based on intent to use and appeared in the September 2020 Official Gazette. As a result, the opposer asserted that the application was filed when the applicant “did not have a bona fide intent to use Applicant’s Mark in connection with all the goods and services identified in the Application.”
NVIDIA claimed that it is “a worldwide leader in the design and development of computer hardware, software, and related services.” NVIDIA stated that since at least 1993 it has marketed and sold its goods and services in connection with the NVIDIA mark. Moreover, NVIDIA Corporation noted that it owns numerous registered trademarks for the NVIDIA mark, including in International Classes 9 and 42, among others. NVIDIA contended that this demonstrates its exclusive rights to use the NVIDIA mark in connection with the specified goods and services.
NVIDIA averred that because of its continuous use of the NVIDIA mark, it “has established extensive common law rights in the NVIDIA mark.” It added that it has priority over the applicant based on its use of the NVIDIA mark. NVIDIA also alleged that its continuous use of the NVIDIA mark has garnered it goodwill and consumer recognition. It proffered that “NVIDIA and VIDYA are visually and aurally similar, and the goods and services identified in the Application are similar and/or related to NVIDIA’s goods and services.” As a result of these similarities, NVIDIA claimed that this is likely to cause consumer confusion, mistake, or deception, and it also allegedly suggests a false connection or association between the marks, entities, and goods and services.
NVIDIA Corporation is represented by Fenwick & West LLP.
