After a year- long prosecution, Attorney Ozelle Martin has successfully overturned a final office action against the trademark application for the word mark, THE NURSE POWER NETWORK, which is owned by a Louisiana-based organization that serves as an online community and event curator for nurses seeking to gain control of their narrative and operate within their power.
Attorney Martin filed The Nurse Power Network trademark application on May 2nd, 2019. However, the United States Patent and Trademark Office issued a likelihood of confusion refusal alleging that the mark was confusingly similar to an existing registered trademark for SINGLE WOMAN POWER NETWORK. In response to the refusal, Attorney Martin contended the two marks were not confusingly similar as the marks were significantly different in sound, appearance, meaning and commercial impression. She further asserted that the her client’s mark begins with the unshared term, THE NURSE, which is distinguishable from the cited registration. Attorney Martin argued that the lone similarity between the marks is the existence of the conceptually and commercially weak, and diluted term, POWER NETWORK, which is entitled to a very narrow scope of protection as it does not have a source identifying function when used in connection with services similar to that of The Nurse Power Network and Single Woman Power Network. Despite putting forth such strong arguments, the USPTO maintained the refusal through the issuance of a Final Office Action and upheld that the marks were confusingly similar.
Attorney Martin continued to serve as zealous advocate on behalf of The Nurse Power Network. She filed a Request for Reconsideration, where she presented new legal arguments and bolstered her points with relevant case law. Attorney Martin also reached out to the attorney of record for Single Woman Power Network, and both parties successfully negotiated a consent agreement, which Attorney Martin drafted and filed with the USPTO.
The USPTO accepted Attorney Martin’s arguments in the Request For Reconsideration along with the consent agreement and withdrew the likelihood of confusion refusal.
The Nurse Power Network trademark was successfully registered on December 29th, 2020.