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3 Nov 2020, 4:13 am
We acknowledge Applicant’s attempts to use .SUCKS in a manner that source-identifying marks are used; however, the evidence shows that consumers will view it as only a non-source identifying part of a domain name, rather than as a mark.Turning to the stylized version of the proposed mark, the Board noted that "[w]here an element of a mark is held unregistrable, as is the case here with .SUCKS, a design or stylization may render the overall mark… [read post]
8 Feb 2024, 4:25 am
After a lengthy and thorough analysis of the similarities and differences between the mark in terms of appearance, sound, connotation, and overall commercial, impressions, the Board concluded that the first DuPont factor supports eBay's claim of likely confusion. [read post]
17 Nov 2016, 4:33 am
" And the Board concluded that we find that the marks create "similar overall commercial impressions when used on goods used to treat pulmonary or respiratory disease. [read post]
21 Apr 2017, 2:17 am
The Marks: Not surprisingly, the Board found the marks to be similar in sound, appearance, and meaning, and very similar in overall commercial impression. [read post]
17 Aug 2018, 4:10 am
As to the cited mark KOLORGANIQUE, it is uncertain how consumers will pronounce the last syllable:One possible pronunciation of the last syllable – ik – sounds almost identical to the last syllable of Applicant’s mark, while another possible pronunciation – eek – sounds a bit different, but still results in a similar sounding mark overall. [read post]
18 Nov 2016, 8:06 am
Even the remedy suggested by the court of appeals in Belmora to implement Bayer's §43(a) right based on its Mexican rights was supposed to respect the defendant's rights to use its registered mark in the US.)The difficulty with the ABA’s theory overall, though it is not an insurmountable one, is that there is no statutory guide for which unregistrable marks ought to be considered “invalid” and thus entirely unprotectable versus… [read post]
6 May 2021, 3:43 am
As to the marks, the Board found that the applicants' "Prior Claw Mark is so different from Monster’s M-Claw Mark in appearance, sound (if any), meaning and overall commercial impression so as to preclude a finding of likelihood of confusion. [read post]
13 Apr 2017, 7:17 am
In re Tempting Brands Netherlands B.V., Serial No. 79161682 (April 11, 2017) [not precedential] (Opinion by Judge Bergsman).The Marks: The Board observed that there is no per se rule as to how the addition of a house mark or a designer name to similar product marks affects the analysis of whether marks are similar or dissimilar. [read post]
23 Sep 2011, 3:32 am
”In finding that the marks have different meanings and overall commercial impressions, we realize that consumers in this country may be more familiar with Park Avenue than they are with Park Lane. [read post]
26 May 2016, 4:12 am
However, "the overall use appears to be relatively minor in comparison to TCCC’s, representing a small fraction of TCCC’s use of the term for its goods. [read post]
5 Apr 2018, 10:49 pm
While the amendments will impose a slightly higher burden on parallel importers, they are unlikely to ameliorate the overall impact on trade mark owners. [read post]
5 Apr 2018, 10:49 pm
While the amendments will impose a slightly higher burden on parallel importers, they are unlikely to ameliorate the overall impact on trade mark owners. [read post]
22 Apr 2011, 8:22 am
Harris County, now the third largest local jail system in the country (passing Chicago's Cook County a few years back), is one of six county jails in the United States to reduce its overall inmate population by more than 1,000 prisoners last year, which marked the second year running that the overall national county jail population declined. [read post]
28 Feb 2024, 3:29 am
Section 2(d) Conclusion: "Simply put, the parties’ marks are too dissimilar overall to warrant a finding of likelihood of confusion and the first DuPont factor, accordingly, is dispositive in this case. [read post]
8 Apr 2017, 4:50 am
When can an artwork be registered as a trade mark? [read post]
31 Oct 2008, 5:47 pm
In the Senate race, Democrat Mark Udall is now up by 17. [read post]
14 Jun 2016, 2:52 am
" The marks are "very dissimilar" in appearance, there is "no overall similarity" in sound, and the connotation of the marks is also dissimilar. [read post]
16 Jul 2020, 5:08 am
Overall, practitioners have been waiting for these administrative proceedings and the reform should result in an increase of cancellation actions in France, especially non-use revocation actions. [read post]
29 Apr 2024, 2:37 am
She moved from classic judgments like Spa-Finders, VIPS, Intel, the various Puma cases (the most recent being T-184/23 and T-266/23), and more recent cases like T-569/21 and T-509/22.Overall, the key take-away of Session 1 was the trade mark issues tackled by the speakers are still in flux. [read post]
18 Jan 2019, 5:22 am
It follows, that an overall assessment of the evidence does not allow the conclusion, without resorting to probabilities and presumptions, that the mark was genuinely used during the relevant period for the relevant goods or servicesCommentThe outcome of these proceedings might appear - prima facie - surprising, also considering the notoriety of McDonald's Big Mac. [read post]
