Intellectual Property

No Trademark for WAGGIN' STRIPS

Midwestern Pet Foods, Inc. (Midwestern) applied for a trademark on its dog treat product, WAGGIN' STRIPS. The Societe des Produits Nestle S.A. (Nestle), which holds the trademark on a similar dog treat, BEGGIN' STRIPS, challenged the application, claiming Midwestern's proposed mark would infringe on its mark. The Trademark Trial and Appeal Board found Nestle failed to prove its BEGGIN' STRIPS mark was famous enough that the WAGGIN' STRIPS mark would dilute it. But it found the proposed WAGGIN' STRIPS mark would likely confuse consumers because "the goods are identical, the channels of trade and classes of purchasers are the same, and the marks are similar in appearance, sound, connotation and commercial impression." It denied the application.