On Wednesdaym Canada-based NovAtel Inc., filed an opposition before the Trademark Trial and Appeal Board against Huawei Technologies Co., Ltd.’s application for a trademark in NOVA, claiming that there would be a likelihood of confusion if the Board registered the NOVA mark.
NovAtel claimed that it started to use the NOVATEL mark since at least June 1992 and continues to use the mark “to identify, advertise, and promote its goods for navigation and positions transceivers, receivers…circuit boards, data processors, instruments, computer hardware” etc. NovAtel applied to register its mark in 1997 and its mark was registered in 2001. Moreover, NovAtel claimed that its right to use the NOVATEL mark “has become incontestable.” NovAtel also licenses the NOVATEL mark.
NovAtel alleged that Huawei’s application to register the NOVA mark, which was filed in 2016 for International Class 009 for “Mobile phones” and published in the Official Gazette in June 2020, is “confusingly similar” to its NOVATEL mark “when the marks are viewed as a whole. In particular, NovAtel contended that the marks are confusingly similar because they both contain the “NOVA” wording. Moreover, the opposer proffered that Huawei’s application for “‘Mobile phones’ which is presumably encompassed by ‘navigation and positioning…instruments, computer hardware,’” which is covered in the opposer’s mark. Consequently, NovAtel alleged there is “direct overlap” between the goods that Huawei has applied to cover in its NOVA mark and the goods covered in NovAtel’s registered mark. Additionally, according to NovAtel, these goods are likely to “encompass and travel in the same channels of trade to the same class of purchasers.” NovAtel averred that because of its prior and senior rights from its NOVATEL mark, Huawei should be prevented from registering its NOVA mark because of the likelihood of confusion, which could create a false notion that there is a connection between the goods, marks of entities.
NovAtel has sought for its opposition to be sustained and for the registration of Huawei’s application to be refused.
NovAtel is represented by Carr Law Firm PLLC.
