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24 Nov 2009, 9:32 pm
But even if true, the Board observed, that would not create a genuine issue of material fact as to standing or priority because "a trade name lacking any independent trademark or service mark significance may bar registration of a trademark or service mark that is confusingly similar to that trade name. [read post]
23 May 2012, 2:31 am
American Strongman Corporation, Cancellation No. 92050860 (May 8, 2012) [not precedential].The services of the parties were closely related, if not overlapping. [read post]
13 Oct 2022, 6:12 am
By Mark S. [read post]
9 May 2019, 1:17 am
"…the public's understanding of what the term BOOKING.COM primarily refers to".In considering the public's understanding of a term the courts may look at "…purchaser testimony, consumer surveys, listings and dictionaries, trade journals, newspapers, and other publications". [read post]
9 May 2019, 1:17 am
"…the public's understanding of what the term BOOKING.COM primarily refers to".In considering the public's understanding of a term the courts may look at "…purchaser testimony, consumer surveys, listings and dictionaries, trade journals, newspapers, and other publications". [read post]
20 May 2015, 7:18 am
Even when such a link exists, it may not be sufficient to conclude that one of the risks inferred by the later mark might materialise: it is for the proprietor of the earlier mark to prove them.Limited degree of closenessThis being so, Swatch had not satisfied the burden of proving that the Board of Appeal had misapplied Article 8(5), said the General Court. [read post]
11 Dec 2013, 10:40 am
This may seem straightforward. [read post]
14 May 2020, 10:18 am
” Given that the previous extension was never formally implemented (as the updated interim rule including the extension to May 14 was marked for publication in the Federal Register on May 13, but quickly withdrawn), we will see whether these revisions make it through in time. [read post]
25 Aug 2006, 5:05 am
The Board, however, rejected that argument, noting that "[a]s to strength of a mark ... registration evidence may not be given any weight. [read post]
TTAB Finds KOTA JAPAN Primarily Geographically Deceptively Misdescriptive for Knife Sharpening Tools
18 Jun 2020, 3:22 am
Here, however, the mark at issue consists of two terms in standard characters that may be displayed in the same size. [read post]
30 May 2017, 2:58 am
May 24, 2017) [precedential].The CAFC ruled that the Board erred in giving no weight to the fifth du Pont factor after finding that Petitioner Phelps's mark INSIGNIA was not a famous mark. [read post]
26 Dec 2023, 3:47 am
An opposer may establish a prima facie case "by proving that an applicant has no documentary evidence to support the allegation in its application of a bona fide intent to use the mark in commerce as of the application filing date. [read post]
6 Jun 2017, 2:59 am
" However, the mere fact that the goods may appear "under the same roof" does not establish that the goods are related. [read post]
11 Feb 2020, 4:09 am
In some cases, adding one initial to a surname may lead consumers to perceive the mark as a personal name, while in others even adding two initials may not create such an impression. [read post]
14 Apr 2014, 3:10 am
That kind of information may be critical when considering adverse testimony, and it generally should not be kept from a party.Such identifying information may be protectable during discovery, but not when the individual is to be named as a witness. [read post]
7 Oct 2011, 2:38 am
In re Mastronardi Produce, Ltd., Serial No. 77322943 (September 21, 2011) [not precedential].The Board noted that an applicant may seek to register "any portion of a composite mark if that portion presents a separate and distinct commercial impression" that serves as a source indicator. [read post]
29 May 2023, 9:14 am
Rather than overlapping, Calboli argues, these rights may complement each other: having different functions, they are frequently used together.Calboli observes the absence of international norms with regard to collective and certification marks (which may be due to their overlap with GIs). [read post]
25 Jan 2010, 7:27 am
If that’s true, when is the 1-year mark? [read post]
5 Mar 2013, 7:38 am
All applications must be post marked by May 1, 2013 to qualify for amnesty. [read post]
22 May 2007, 5:00 pm
Our speaker, Mark Lender, history professor at Kean, is working on the recent George Washington letter discovery. [read blog]
