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CTA's ATSC 3.0 Logo Clears PTO Hurdle After Sharp Lets Lapse Its 'NXT-GEN' Trademark Bid

The Patent and Trademark Office declared dead two December 2018 applications from Sharp’s Japanese parent company to trademark “NXT-GEN” for consumer TVs and monitors, agency records show. Both applications, one for a plain-text trademark, the other for a stylized logo,…

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got provisional PTO approval June 4, pending Sharp’s filing of a statement of use (SOU) within six months or a request for a deadline extension. PTO ruled the applications abandoned Monday after Sharp filed neither by the Jan. 4 deadline. Agency rules require the SOU to prevent companies from hoarding trademarks they have no intention to commercialize in order just to keep them out of competitors' hands. Abandonment of the Sharp applications appears to render moot a possible controversy in CTA’s effort to register the NEXTGEN TV logo as a certification mark for ATSC 3.0 consumer products (see 1910020024). CTA risked “potential refusal” of its Sept. 25 trademark request because Sharp’s NXT-GEN filings were “prior-pending applications,” and there would have been “a likelihood of confusion between the marks,” the agency notified CTA Friday, three days before Sharp's applications died. Had they survived, CTA’s application would have faced “suspension” at the agency pending “final disposition” of the Sharp docket, said PTO. Sharp didn’t comment Wednesday on why it let its applications lapse, nor did CTA on averting the possible controversy.