September 11, 2024

Worldwide, GoPro, Inc. is known for its series of adventure and action cameras, lauding image and video quality, versatility, and durability of its products. GoPro has sold millions and millions of its cameras around the world. In 2019, GoPro launched MAX which features a 360-degree camera that allows the user to shoot creative and immersive shots using two separate lenses.

In an opposition filed against a third party’s attempt to register ZOMAX, the Bureau of Legal Affairs held that GoPro’s MAX trademark is a word mark with no other elements standing more prominent, resulting in the words themselves being protected in relation to its goods specified.

The BLA ruled that Respondent’s stylization and additional letters in ZOMAX do not change the fact that its mark contains the entirety of GoPro’s registered MAX; that the stylization of a mark does not change its aural impression.

The goods involved under ZOMAX were also found to be related to that of MAX. ZOMAX was sought to be registered in connection to Class 9 goods involving mobile phone accessories, web cameras, and web cameras embedded with microphones, among others. The BLA declared that the goods were related to GoPro’s MAX, as they involve accessories, hardware, and software geared towards the use, storage, transmission, and recordation of data.