`
`
`
`Ferrell
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
`
`December 14, 2023
`
`Concurrent Use No. 94003140
`
`Sparks Law, LLC (RI)
`(Application Serial No. 87709845)
`
`v.
`
`Sparks Law, LLC (GA)
`(Registration No. 5668170)
`(Application Serial No. 90188648)
`
`
`
`By the Trademark Trial and Appeal Board:
`
`This proceeding now comes before the Board on the parties’ executed Amendment
`
`to Trademark Settlement and Concurrent Use Agreement (“Amended Agreement”)1
`
`and subsequent consented amendments thereto (together, “Agreements”), including
`
`Sparks Law, LLC (GA)’s motion to amend its registration, filed December 2, 2023.2
`
`The Board previously found that the provisions of the Amended Agreement are of
`
`the type that support concurrent use registration to each party, but required the
`
`parties to clarify their respective geographic restrictions and whether each party
`
`
`1 3 TTABVUE. Citations to the Board record refer to TTABVUE, the Board’s online docketing
`system. See Turdin v. Trilobite, Ltd., 109 USPQ2d 1473, 1476 n.6 (TTAB 2014). Specifically,
`the number preceding “TTABVUE” corresponds to the docket entry number, and any
`number(s) following “TTABVUE” refer to the page number(s) of the docket entry where the
`cited materials appear.
`
`2 6 TTABVUE; 8 TTABVUE; 10 TTABVUE.
`
`
`
`
`
`Concurrent Use No. 94003140
`
`
`seeks to amend the recitation of their identifications of services to specify their
`
`respective legal specialties.3
`
`As discussed in the Board’s prior orders, the parties have agreed to additional
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`amendments to provide clarification regarding their respective geographic areas of
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`use to specify no overlap and to amendments to their respective identifications of
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`services to specify different legal specialties.4 The only issue remaining was that
`
`Sparks Law, LLC (GA) did not provide the proper fee under Trademark Rule 2.6 for
`
`its proposed amendments to its registration, which has now been cured in the parties’
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`December 2, 2023 submission.5
`
`Based upon the Agreements, the Board is persuaded that the parties are entitled
`
`to concurrent use registrations. In making its determination, the Board has taken
`
`into account not only the provisions of the Agreements and the actual geographic
`
`restrictions of the areas of use, but also the voluntary entry by the parties into an
`
`agreement that includes provisions for concurrent use when it would be clearly
`
`against their business interests to cause confusion on the part of the public. See
`
`Amalgamated Bank of N.Y. v. Amalgamated Trust & Savings, 842 F.2d 1270, 6
`
`USPQ2d 1305, 1308 (Fed. Cir. 1988).
`
`
`
`3 5 TTABVUE 3-6.
`
`4 See 7, 9 TTABVUE.
`
`5 9 TTABVUE 2; 10 TTABVUE.
`
`
`
`2
`
`
`
`Concurrent Use No. 94003140
`
`
`Decision
`
`Concurrent use registration is approved for Sparks Law, LLC (RI)’s pending
`
`application for the mark SPARKS LAW for the amended identification “Legal services
`
`in the field of personal injury law” in International Class 45.
`
`Concurrent use registration is approved for Sparks Law, LLC (GA)’s pending
`
`application for the mark SPARKS LAW for the amended identification “Legal services
`
`in the field of business transactional, trusts and estates, and intelle ctual property
`
`law” in International Class 45.
`
`Restriction of Sparks Law, LLC
`
`(GA)’s registration
`
`for
`
`the mark
`
`for the amended identification “Legal services in the field of
`
`business transactional, trusts and estates, and intellectual property law ” in
`
`International Class 45 is approved.
`
`The concurrent use statements will read as follows:
`
`Sparks Law, LLC (RI)’s Application Serial No. 87709845
`
`Registration is limited to the area consisting of the State s of New York,
`Washington, Connecticut, Maine, Massachusetts, New Hampshire, Rhode
`Island, and Vermont pursuant to Concurrent Use No. 94003140 with Sparks
`Law, LLC (GA) (Registration No. 5668170 and Application Serial No.
`90188648).
`
`
`Sparks Law, LLC (GA)’s Registration No. 5668170 and Application Serial
`No. 90188648
`
`
`Registration is limited to the area consisting of the States of Georgia, Florida,
`Tennessee, North Carolina, South Carolina, Texas, and California pursuant to
`Concurrent Use No. 94003138 with Sparks Law, LLC (RI) (Application Serial
`No. 87709845).
`
`
`
`3
`
`
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