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31 Jul 2012, 12:07 pm
An author may also register a portion of a book title as a trademark if he or she can establish that: the portion of the title to be registered must create a separate commercial impression apart from the complete title; the title is used on a series of works; and the title is promoted or recognized as a mark for the series. [read post]
16 Dec 2013, 5:33 am
Those consumers of modest means may exercise no more than an ordinary degree of care. [read post]
24 Jul 2024, 4:08 am
"Turning to a comparison of the marks, the Board agreed with Nike that the numeral "4" may be presented in a variety of manners that closely approximate the letter "A. [read post]
29 Apr 2022, 3:49 am
In addition, 18 third-party registrations covering both types of goods demonstrated that the involved goods are of a type that may emanate from a single source under one mark. [read post]
12 Feb 2019, 10:33 am
In early 2016, a CEFCU employee saw the SDCCU mark on a billboard in San Diego, and in May 2017, CEFCU filed a petition to cancel the SDCCU registration based on its registered and claimed common-law marks.The complaint alleged that the CEFCU mark was more similar to the third party marks than to the SDCCU mark, and that if CEFCU asserted rights broad enough to encompass the SDCCU Mark, it therefore materially misrepresented to the USPTO… [read post]
18 Aug 2022, 3:21 am
" The Board observed that only the owner of a mark may file an application to register. [read post]
18 Sep 2018, 3:40 am
In the ex parte context the concept is usually applied to determine whether the goods in the application are within the natural zone of expansion of the goods in the cited registration, not whether the applicant may register its mark over the cited mark because the applicant owns a prior registration for related goods.As to the Morehouse argument (no damage to registrant), the Board pointed out that this defense does not apply in an ex parte context.However, the prior… [read post]
3 Apr 2024, 3:44 am
[A]lthough evidence of a mark’s general fame for unrelated product categories may be relevant, the weight of such evidence is greater where plaintiff establishes some nexus between the products for which a mark is famous and the product types at issue. [read post]
20 Sep 2010, 1:22 pm
Arizona, Oklahoma and Nebraska passed resolutions last year supporting judicial review for those people who may have been convicted by similar bad evidence. [read post]
18 May 2021, 3:57 am
It noted that an applicant may apply to register any element of a composite mark that creates a separate and distinct commercial impression. [read post]
20 Dec 2013, 10:06 am
[Appeal briefs and other papers may be found via PACER; Oral argument recordings may be found here, if any].Oppositions:Stone Lion Capital Partners v. [read post]
14 May 2024, 4:12 am
The post Early Edition: May 14, 2024 appeared first on Just Security. [read post]
3 May 2023, 3:13 am
Shayna Jacobs, Kim Bellware, and Mark Berman report for the Washington Post. [read post]
5 Jun 2023, 8:22 am
[The question: Does the First Amendment allow content-based but viewpoint-neutral restrictions on which trademarks may be registered—here, a restriction on marks that "[c]onsist[] of or comprise[] a name ... identifying a particular living individual except by his written consent"?] [read post]
26 May 2011, 5:30 am
May marks National Bike Month, Motorcycle Safety Awareness Month, and National Youth Traffic Safety Month. [read post]
11 Oct 2008, 12:50 am
A normal, taxpaying citizen may have to earn $240,000 or more to have the same net after tax spending power. [read post]
7 Dec 2021, 5:00 am
As you may recall from our post on the ‘Sony Vita’ invalidation case, where a trade mark is registered for a product but only used for something viewed by consumers as a different product, the trade mark right for the registered product for which it is not used is lost, even if it resembles the actual marketed product, or is contained in it, or serves a secondary but commercially irrelevant function. [read post]
9 Nov 2011, 11:15 pm
” The dominant feature of a trademark or service mark and may be given greater weight in the comparison. [read post]
13 Jun 2012, 3:59 am
Applicant Arsen Manasyan sought to register the mark NIKEA for "chocolates, candy," but Ikea opposed, claiming likelihood of confusion with its registered mark IKEA for various food items, including candy. [read post]
29 Dec 2022, 8:20 am
It differs from the Advocate General’s decision in this instance and provides a view of “trade mark use” that is less restrictive and may provide effective consumer protection against the risk of confusion as well as the counterfeit (or knock-off) market for luxury products. [read post]
