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27 May 2010, 5:34 am
" And in other news, "O'Connor, in NY, gives schools poor civics marks. [read post]
30 Apr 2008, 2:07 pm
Readers of this blog may know him best for his work... [read post]
2 Dec 2011, 3:05 am
In short, although this factor may favor North Atlantic, it does not outweigh the other du Pont factors.Strength of Top's Mark: North Atlantic argued that extensive use by third parties of the term CLASSIC for tobacco products, and registration of marks containing that term, show that consumers and the PTO readily distinguish among those marks when viewed in their entirety. [read post]
5 Jun 2008, 11:00 am
During prosecution, Applicant Tokutake shot itself in the footwear when it provided an English translation of its Japanese-language mark shown immediately below: it translated the mark as "walking, a step. [read post]
6 Sep 2012, 2:49 pm
The skin of the child might also develop bruise-like marks. [read post]
28 Nov 2011, 3:11 am
However, the Board may permit registration if such a mark has a double meaning. [read post]
9 Aug 2023, 3:07 am
" Although the parties’ goods are legally identical in part, the channels of trade and classes of consumers are presumed to be the same, and the parties’ goods may be subject to impulse purchasing, overall, we find the marks sufficiently dissimilar to avoid a likelihood of confusion. [read post]
22 Feb 2007, 8:15 pm
If that statement is not 100% accurate, it is subject to challenge and the entire registration may be cancelled. [read post]
29 Feb 2016, 6:47 am
We recognize that a mark shown in an unrestricted registration may actually be used in a smaller territory than that which it can be used. [read post]
30 Jul 2018, 2:51 am
” The Board, however, responded that an applicant “may not restrict the scope of the services covered in the cited registration by argument or extrinsic evidence. [read post]
22 Oct 2015, 3:34 am
Those bilingual people may be thinking that the services come from the same source, with the mark being used in both English and Spanish. [read post]
25 Mar 2020, 2:26 am
” Applicant’s mark rolls off the tongue because of the alliteration of the letter “F” and the uniform, rhythmic structure and cadence of the two terms thereby distinguishing Applicant’s mark from Opposer’s mark when compared in their entireties.Concluding that marks conveying a "guilt free" commercial impression in connection with food items should be accorded a narrow scope of protection, the Board found the… [read post]
13 Feb 2013, 4:05 am
Just because two drugs may contain the same ingredient, would a consumer think they came from the same source? [read post]
6 Aug 2019, 2:27 am
At the CAFC, Hylete argued that the Board erred in failing to compare Hylete's "H" mark with Hybrids's "composite common law mark" instead of just Hybrid's common law "H" mark. [read post]
12 May 2020, 4:18 am
Each is unspecific as to what the IT may be. [read post]
24 Jun 2019, 2:24 am
Therefore, “[c]onsumers may expect to find both Applicant’s and Registrant’s goods emanating from a common source. [read post]
27 Dec 2016, 3:30 am
The examining attorney's distinction between third-party use as a trade name rather than as a service mark was not meaningful, since service marks and trade names serve the same source-identifying function.The inherent weakness of the word “accurate” as a mark for roofing services and the significant third-party use of ACCURATE in the marks and names of roofing companies suggest that roofing marks containing the word ACCURATE are capable… [read post]
18 May 2011, 1:58 pm
Supreme Court, or perhaps a sequel to "The Social Network," we may have finally seen the last of Cameron and Tyler Winklevoss. [read post]
16 Jan 2009, 6:59 am
*Wojcik, Mark E. [read post]
9 Mar 2011, 8:11 am
Patent and Trademark Office (USPTO) of the Department of Commerce has announced a request for public comment on a revision of the Native American Tribal Insignia Database, which serves as a reference for examining attorneys when determining whether a mark may falsely suggest a connection to the official insignia of a Native American Tribe. [read post]