Opposition No. 91242007 (T.T.A.B. July 22, 2020)
On behalf of Robert Kirkman, LLC—owner of THE WALKING DEAD trademark associated with the comic book and television series—we successfully opposed in the TTAB an application to register the mark THE TOKING DEAD that covered retail merchandise related to comic books about zombies that smoke cannabis. The TTAB found that THE WALKING DEAD “is a famous mark in connection with comic books and television series for purposes of [a] likelihood of confusion analysis” and was thus entitled to a broad scope of protection. The TTAB also found that THE TOKING DEAD mark was confusingly similar to THE WALKING DEAD mark in part based on a likelihood of confusion survey we commissioned.