Instagram has filed a notice of opposition to the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board. The filing opposes Instalit LLC’s request for registration of a namesake trademark on Sept. 18.
Instagram’s opposition application requests the opposition be sustained.
The company submitted the following in its application:-
- The applicant wants to register its “INSTALIT” mark in “International Class 42. Class 42 provides for: ‘Providing use of online temporary non-downloadable software for enabling users to locate nightlife outlets using a live map; Providing use of online temporary non-downloadable software for enabling users to share digital photos and messages; (and) Providing use of online temporary non-downloadable software for enabling nightlife outlets to attract customers and advertise their venues.'"
- Registration of this mark would be problematic because “the applicant’s services claimed in its Application are related to the goods and services offered by Instagram in connection with its INSTAGRAM Mark.”
- The proposed mark is “deceptively similar to the INSTAGRAM Mark so as to cause confusion, or to cause mistake or to deceive the public as to the origin of Applicant’s services offered under Applicant’s Mark.”
- Registration of the mark will likely lead to public confusion about affiliations or sponsorships between it and the applicant.
- The mark will cause “dilution of the distinctive quality” of and reputational harm to its mark, in turn, harming Instagram and the general public.
