Bay Area Traffic Solutions, or B.A.T.S., ran into a traffic jam of a problem when it tried to register its trademark that DC Comics may think is a little too similar to the Batman logo.

Funny how those big orange cones are made by a company called Traffic Solutions when they usually are the cause of most traffic. Since 2008, Bay Area Traffic Solutions, or Bay Area for sort, has been serving the California Bay area providing both products and services with the stated mission to provide the very best in traffic safety services to its customers. Some of the products the company sells are traffic signs, traffic barricades, and flashing beacons. Also, the company provides services like flag wavers and the creation of traffic control plans. In July 2015, Bay Area filed a trademark registration for the logo that can be seen herein but just for the flag waiving services. The logo is placed on the aforementioned products distributed by Bay Area, used on the company’s website and on the bright smocks worn by flag wavers.

This week DC Comics requested and was granted an extension of time to oppose the registration of the trademark. Requesting an extension is the usual first step that allows the parties time to try to work out a settlement, allows the opposer additional time to draft the opposition or even allows the opposer time to reevaluate its position and not even file an opposition in the first place. The Trademark Office will not permit registration of a mark if they deem it “confusingly similar” to an already in use mark.

So the question, when looking at Bay Area’s trademark would you mistakenly believe that they are associated, affiliated with or sponsored by DC Comics or Batman. Would anyone really think that DC Comics licenses its trademarks to traffics solutions company anyway?? In the totality of looking at it, I think I can distinguish the two. But, then when looking at the products Bay Area sells, I located the below big orange cone which is only utilizing the bat logo by itself. I think it is a lot easier to confuse the bottom use of the trademark as confusingly similar to the Batman logo trademark than the proposed trademark. DC Comics has several months to decide if it will oppose the mark so this trademark registration will be stuck in traffic for a while.