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30 Sep 2013, 4:14 am
Section 2(c) - Consent to Register:TTAB Affirms Section 2(c) Refusal of MARTIN & WEYRICH ROSSO ALLEGRO for WineSection 2(d) - Likelihood of Confusion: Test Your TTAB Judge-Ability: Are REAL CHOICE and CLEARCHOICE DENTAL IMPLANTS Confusable for Implant Services? [read post]
11 Jun 2011, 8:47 am by gmlevine
” If respondents offering Internet services qualify under paragraph 4(c)(i) of the Policy (“bona fide offering of goods or services”) there is no reason to disqualify respondents under paragraph 4(c)(iii) for non commercial use of the domain name. [read post]
12 Jul 2018, 7:12 am by James Hastings
The test for whether a trademark applicant’s mark is confusingly similar to a senior owner’s mark has been set forth is a 13-part test known as the Dupont  While no one factor is dispositive, some of the key factors that the TTAB looks at to determine if a likelihood of confusion may exist are (a) similarity of the marks; (b) similarity of the goods or services; and (c) similarity of the parties’ trade channels. [read post]
18 Jan 2007, 7:23 am
The test for trademark dilution . . . requires the trademark owner to show (a) that its mark is famous; (b) that the junior user has made commercial use of the famous mark; (c) that the junior user began using the mark after it had became famous; and (d) that such use caused actual dilution. [read post]
28 Jul 2014, 7:31 am
Here is the fourth in our weekly series of compilations by our good friend and former guest Kat Alberto who is currently endearing himself to all of us and incidentally making himself indispensable by summarising the feature posts (excluding the regular around-ups) that  appeared on this weblog over the previous week. [read post]
16 Mar 2015, 3:10 am
CJEU rules in telmisartan SPC disputeAfter his own earlier post on the CJEU’s decision in Case C‑577/13, Actavis Group PTC EHF, Actavis UK Ltd v Boehringer Ingelheim Pharma GmbH & Co. [read post]
13 Jul 2010, 2:03 am
Holding that the goods designated by the respective marks were partly identical and partly similar, the Board then compared the earlier word mark BECKER and the mark BARBARA BECKER. [read post]
9 Nov 2006, 6:35 am
Good pictures at www.deppenapostroph.de A video of an elephant seeing itself in a mirror is linked in this New Scientist article (via rebecca's pocket). [read post]
17 Jan 2010, 9:55 am
The ECJ (C-48/05) ruled that "the affixing by a third party of a sign identical to a trade mark registered for toys to scale models of vehicles cannot be prohibited under Article 5(1)(a) of the directive unless it affects or is liable to affect the functions of that trade mark. [read post]
23 Nov 2015, 2:40 pm
The art of trade markapplicationEveryone who filed a Benelux trade mark application between 13 September and 14 November was promised a gift in the form of a painting of their new trade mark by the lovely Benelux PTO. [read post]
31 Jul 2023, 2:32 pm by Anita M. Sorensen
Mark the checkbox in the Additional Information field of § 2 to show that the employer used the remote document verification procedure. [read post]
7 Dec 2015, 12:56 pm
 Even today, though, “hacker” may be good. [read post]
13 Jul 2011, 9:35 am by Andres
Arnold J found that there had been indeed trade mark infringement committed by some of the co-defendants by trading on sampler and de-marked goods on the site. [read post]
12 Apr 2013, 1:56 pm by Rebecca Tushnet
However, apart from same mark/same goods, you had to show real confusion. [read post]
2 Jul 2024, 4:19 am
TTABlog Test: Three More Section 2(d) Refusals For Your Review On Remand, TTAB Again Dismisses I-FIT FLEX Opposition Due to Difference in Goods and Services TTABlog Test: Three Recent Section 2(d) Appeals For Your Consideration TTAB Reverses Section 2(d) Refusal of "CREATIVE HOME IDEAS" in view of Weakness of Two Cited Marks TTAB Sustains Nike's Confusion and Dilution Claims Against "DON'T JUST DO IT, GET IT DONE" for Clothing TTABlog Test:… [read post]
26 Dec 2011, 5:59 pm by Rebecca Tushnet
Comcast’s first survey first exposed respondents to Comcast’s mark before showing them Fancaster’s mark as well as others. [read post]