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22 Jun 2012, 3:51 am by John L. Welch
In re Gibson Guitar Corp., Serial No. 85127067 (June 14, 2012) [not precedential].The Board first found the two marks to be highly similar in sight, sound, connotation, and commercial impression. [read post]
13 Oct 2015, 3:10 am
Slight differences in pronunciation, connotation, and commercial impression do not ordinarily justify a finding that confusion is not likely. [read post]
12 Jul 2013, 3:20 am by John L. Welch
It found the marks to be similar in sight, sound, connotation, and commercial impression, and so it affirmed the Section 2(d) refusal. [read post]
23 May 2016, 3:48 am
The Board agreed with the Examining Attorney that:[i]n this case, it is clear that the marks create similar commercial impressions because, as Applicant argues, “TEST is commonly understood as shorthand for ‘testosterone’ in nutritional supplements,” and “360 is a common term when marketing nutritional supplements as a way to connote wholeness or completeness, as in the 360 degrees of a circle. [read post]
18 Jul 2022, 3:12 am
The different connotations of the trailing words GAMES and LEARNING MATH ACADEMY significantly contribute to the different commercial impressions of the marks, as GAMES describes the computer games identified in the cited registrations, and LEARNING MATH ACADEMY describes the purpose of Applicant’s educational mobile applications, which children will use to learn math. [read post]
24 Jun 2020, 5:53 am
Wellington).The Marks: The word HONEYCOMB dominates both marks, but "honeycomb" may have a different connotation in each. [read post]
4 Jun 2013, 1:19 am by John L. Welch
"[S]uch similarity as there is in connotation must be weighed against the dissimilarity in appearance, sound, and all other factors, before reaching a conclusion on likelihood of confusion as to source." [read post]
24 Jul 2023, 3:54 am
The Board found ROYAL OAK to be a conceptually strong mark, even though "royal" has a somewhat suggestive connotation. [read post]
22 Nov 2023, 4:13 am
Again, if there were an error, it was harmless because the Board stated that it would not change the result.Finally, as to the weighing of the DuPont factors, the court disagreed with Trek's contention that the Board gave too much weight to the dissimilarity of the marks, "especially given the Board's findings that the marks noticeably differed in appearance, sound, connotation, and commercial impression. [read post]
13 Apr 2021, 3:37 am
As to the marks, the Board found them to be "somewhat similar in appearance and pronunciation due to the shared element 'CHROM.' Nonetheless, they convey substantially different connotations and overall commercial impressions. [read post]
11 Jun 2014, 2:57 am
In other words, "the literal elements are identical and the stylization is not so great as to diminish or detract from the connotation or meaning of the term. [read post]
23 Dec 2009, 2:38 am by John L. Welch
Putting aside the admittedly descriptive connotation of the "e" prefix, as well as the obvious descriptive connotation of "sox" for the involved goods, what about these ESOX? [read post]
21 Dec 2009, 3:20 am by John L. Welch
"[W]e read applicant's mark as a unitary phrase BELL HILL which has the connotation and commercial impression of a place. [read post]
27 Jul 2010, 2:36 am by John L. Welch
- ed.]In sum, the Board found the marks to be "similar in appearance, sound, connotation and commercial impression,"Balancing the relevant du Pont factors, the Board found confusion likely.TTABlog comment: Note that Plaintiff took its trial testimony by way of written questions, since its witness was located in Germany. [read post]
15 Nov 2010, 2:20 am by John L. Welch
Powers asserted that the mark is scandalous, "whether one looks at the primary or the secondary meaning of the word, and that the graphic drawing contained within the composite mark reinforces the offensive and vulgar connotation of excrement. [read post]
15 Dec 2016, 3:55 am
In any event, each case must be decided on its own merits and the Board is not bound by the prior decisions of examining attorneys regarding registration.Applicant pointed to a third-party Supplemental Registration for WOODY CREEK WHITE for beer [WHITE disclaimed], but the Board found it distinguishable because WOODY CREEK is a unitary term with a geographic connotation. [read post]
4 Dec 2013, 3:05 am
In re Wahl, Serial No. 85485701 (November 20, 2013) [not precedential].The Board, not surprisingly, found the minor visual and aural dissimilarities in the marks to be outweighed by their strong similarities as to connotation and overall commercial impression.As to the goods, applicant Wahl feebly argued that her goods comprise "half butterfly, half fairy dolls," and may include "a cocoon for the doll to live in, as well as removable butterfly wings." [read post]
19 Dec 2018, 12:02 pm by Michael Kraut
These days, the term DUI almost always has a starkly negative connotation attached to it. [read post]
10 Jul 2019, 4:38 pm by INFORRM
But, even if no sexual connotations were attributed to these word elements, the expression amounted to ‘an insult in bad taste, shocking and vulgar’. [read post]
24 Feb 2012, 2:23 am by John L. Welch
"The Board, however, found the connotations and commercial impressions of the two marks to be "very different. [read post]