[E-trademarks] Arguments during prosecution

[Russell Nugent]

Dear Group,

I have a client that is considering responding to a suspension notice, but we are concerned about creating a problem if/when he has a registration and needs to enforce it.  If we make an argument during prosecution that another mark is not confusingly similar (because the marks look different and the goods are distinguishable), may I assume it is conceivable that during litigation, if he made an argument that contradicts the argument I make during prosecution, that statement is something that can be used against him?  What happens during prosecution can come up in litigation, correct?  Is there any reason this is not a concern?

Russell D. Nugent
Comprising IP
1213 Culbreth Dr, Ste 112
Wilmington, NC 28405
nugent at comprisingip.com (private)
910-550-3259 (private)
contact at comprisingip.com
910-509-7131
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