WhatsApp Inc. has filed an opposition to WhatsPay doing business as OmegaSoft Technology LLC’s proposed “WHATSPAY” trademark and accompanying design. After extending its deadline to file the opposition, WhatsApp contended that the filing before the Trademark Trial and Appeal Board (TTAB) is timely.
The opposition stated that OmegaSoft is a South Carolina company. It allegedly filed an application in January, seeking to use its WHATSPAY trademark for “downloadable computer software for use as an electronic wallet.”
WhatsApp argued that the proposed mark infringes upon its own trademarks because it could cause a likelihood of confusion, there was no use of the mark in commerce before the application was filed, and because of the suggestion of a connection, affiliation, or sponsorship between its brand and OmegaSoft’s.
WhatApp’s filing explained to the TTAB that since its communications platform for mobile devices launched in 2009, WhatsApp has used the mark WHATSAPP and logos in interstate commerce. The mark and logos reportedly cover a wide variety of goods and services, including downloadable software, namely, instant messaging software, file sharing software, communications software for electronically exchanging data, audio, video images and graphics via computer, mobile, wireless, and communication networks, among others.
WhatsApp argued that the visual likeness of the marks create a high chance of consumer confusion.
Furthermore, WhatsApp argued, its reputation, connected with its marks, “would be presumed when Applicant uses the WHATSPAY (and design) mark.” It also contended that in view of its prior and existing rights, OmegaSoft is not entitled to trademark registration. In turn, the opposition asked that the TTAB sustain the opposition and deny OmegaSoft’s application.
WhatsApp is represented by Fenwick & West LLP.
