WHAT IS THE MEANING OF THE TERM,
LIKELIHOOD OF CONFUSION?
As a continuation of this ongoing story on IMESSENGER app and our trademark application, there is another twist to this story. Unlike our own experience where the platform provider took our application with this name out of the play store, as another organization claimed likelihood of confusion without giving us opportunity to present our side of things, which we then presented on our own to get our app reinstated, there were several other apps with the same name that were not removed and was not even brought up in the claim by the third party.
This information was shared with the platform provider for which they had suggested to submit an official removal request presenting evidence. As we were confident that our trademark would go through and get approved soon, we decided to wait until the trademark gets approved to submit this removal request. However, though we strongly feel that the trademark should have been approved by now, due to certain reasons where hidden forces might be preventing the trademark to get approved, the trademark application is still pending. However, our trademark application is still intact and our strong legal counsel would do the best to present all evidences in place for this to be approved in the near future.
Why we decided to pursue submitting a removal request now?
In the meantime, when we shared our apps to some contacts of ours, we got an email asking which one of the IMESSENGER apps is ours that suggested there is a likelihood of confusion in the marketplace due to some other apps having the same name.
With this platform provider providing a platform that reaches more than 140 countries, we believe prior art would take over and for that reason we have submitted an official removal request to remove this app from the play store. We expect a positive response in this regard. In the meantime, if you are looking for IMESSENGER in the Google Play Store, please search for val-u-pro and IMESSENGER for now.
We are presenting this information to the public to reduce confusion in this matter.
By the way, with all these issues that we faced which has affected our organization's reputation in many ways, we have also built our own eCommerce platform, AmazeBaba, where we plan to offer a wide range of applications, along with other real and fully functional products. For more about Amazebaba, please check out, Amazebaba.com.