Decipher Technologies Studios, LLC filed an opposition before the Trademark Trial and Appeal Board on Friday against Reliaquest, LLC’s application for the GREYMATTER mark and its stylized counterpart, citing that Decipher will be damaged based on a likelihood of confusion if the mark is approved.
The opposer owns the registered trademark GREY MATTER, which was filed in January 2018 and granted in April 2019, for use with “computer software used to develop microservices and microservices architecture; computer software for use in developing, deploying, customizing and managing microservices software applications …” Specifically, the opposer claimed that it “is a platform developer whose flagship service mesh platform GREY MATTER provides infrastructure and network management for enterprise IT operations.” Decipher Technology asserted that it first used the mark in commerce in at least September 2017.
According to the opposition, the applicant applied for registration of the GREYMATTER mark and stylized mark design to cover a “platform as a service featuring software platforms for security surveillance that allow for the use of practical and accurate algorithms to automate the filtering process around event types that are less relevant and less actionable to security that are not necessary to process in traditional security technologies …” The plaintiff stated that the applicant claimed to have first used the mark in January 2019, after the opposer started using its mark.
Decipher Technology proffered that “the literal portion of Applicant’s Mark GREYMATTER is phonetically, visually, and legally identical to Opposer’s Mark GREY Matter and conveys identical commercial impressions.” The opposition specifically cited the British-English spelling of the word grey, rather than gray. Moreover, the opposer asserted that “the absence of space between the words GREY and MATTER in Applicant’s mark has no consequence in differentiating the meaning, sound or connotation of the mark, and fails to distinguish the Applicant’s Mark from Opposer’s Mark GREY MATTER.” Additionally, the opposer averred that its software platform “is highly related and complementary” to the Applicant’s software platform, that both platforms perform similar and related functions, are similarly marketed, and are used in related industries to similar consumers.
Consequently, the opposer claimed that consumers are likely to be confused, mistaken, or deceived that the applicant’s goods and services are connected, affiliated with, or sponsored by the opposer’s goods and services because of the similarity of the marks and the offered goods and services. Decipher Technology also contended that it has the exclusive rights to the GREY MATTER mark. Additionally, the opposer stated that its continued use of its mark has caused high consumer recognition, established goodwill and exclusive rights, and indicates that the origin of a product is Decipher Technology.
Decipher Technology Studios has sought for the opposition to be sustained and for the applicant’s registration to be denied. The opposer is represented by Nixon & Vanderhye, P.C.
