In Re Guild Mortgage Company On January 14, 2019, the Federal Circuit vacated and remanded the TTAB’s decision affirming a refusal to register the mark “GUILD MORTAGE COMPANY” and design based on likelihood of confusion with the registered mark “GUILD INVESTMENT MANAGEMENT.”  The court found that the TTAB improperly failed to consider the Appellant’s evidence with respect to Dupont factor 8 (“the length of time during and conditions under which there has been concurrent use without evidence of actual confusion”).  In a declaration, the Appellant’s President and CEO attested that Guild Mortgage Company (mortgage services) and Guild Investment Management (investment management services) co-existed for over 40 years in the same geographic area (Southern California) without any evidence of actual confusion.  The declaration attested that Guild Mortgage had never received any communication from Guild Investment Management, and never received any inquiries from consumers regarding investment management services.  The PTO argued that “uncorroborated statements of no known instances of actual confusion” from the Applicant offered little evidentiary value.  The Federal Circuit found instead that the Board must weigh all evidence of record including Dupont factor 8.