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29 Jun 2022, 3:36 am
Briefs and other papers for each case may be found at TTABVUE via the links provided. [read post]
TTAB Declares Registration Void Because Services Not Rendered Before Filing of Use-Based Application
6 Feb 2014, 3:21 am
In his discovery deposition testimony he stated that he has had one customer, to whom he rendered script-writing services in March 2010, nearly two years after his application filing date of May 30, 2008. [read post]
13 Mar 2019, 5:20 am
A lesser degree of similarity between these goods or services may be offset by a greater degree of similarity between the marks, and vice versa (C-39/97, Canon & C-342/97, Lloyd Schuhfabrik). [read post]
11 Mar 2010, 7:29 am
Updating this ILB entry from March 3rd, Mark Fass of the New York Law Journal reports today:The second trial of... [read post]
13 Feb 2010, 9:59 am
Updating this ILB entry from July 26, 2009, which quoted a story by Mark Alesia of the Indianapolis Star --... [read post]
24 Jul 2012, 2:39 am
In any event, the cited mark includes Applicant's mark in its entirety.As to meaning, the term PEEK may give the cited mark a "more specific meaning" in the medical field, but both marks "suggest that the respective goods will assist a patient in prevailing over a medical infirmity. [read post]
24 Oct 2018, 9:45 pm
Notices of Objection are lodged by rights holders (or in some cases authorised users) who are concerned about the potential damage to trade, reputation and profits that may result from the importation of goods that infringe their trade marks or copyright. [read post]
23 Aug 2007, 4:57 am
The similarity of the marks strongly favored Opposer, and the fact that purchasers are general consumers also favored Opposer.As to the goods and services, however, the Board found "no evidence that cigars and olive oil and vinegar are related items or items that may be perceived by consumers as coming from the same source. [read post]
30 Apr 2012, 9:10 am
May 1 marks a day to change the way we drive We call them “accidents. [read post]
17 Aug 2015, 1:20 pm
To protect such profitable associations, an owner of a well-known trademark may file for federal registration with the United States Patent and Trademark Office (“USPTO”). [read post]
28 Oct 2015, 3:50 am
In an rare situation, the Board faced the question of whether the owner of a merely descriptive term may cancel a Supplemental Register registration for the same term. [read post]
16 Sep 2013, 3:08 am
The Board found helpful guidance in In re Phillips-Van Heusen Corp., 63 USPQ2d 1047, 1052 (TTAB 2002), where the Board affirmed a Section 2(e)(1) deceptive misdescriptiveness refusal of SUPER SILK for "shirts made of silk-like fabric:"A general proposition which may be distilled from the foregoing cases is that if the word “super” is combined with a word which names the goods or services, or a principal component, grade or size thereof, then the composite term is considered… [read post]
27 Jun 2014, 3:21 am
But what about the marks? [read post]
31 Jul 2023, 2:39 pm
”You may recall that Marks got his walking papers shortly after the Bourbongate scandal broke. [read post]
8 Sep 2023, 4:01 am
And finally, the proposed "suggests that Respondent’s website has the seal of government approval and thus may have accurate information (whether that, in fact, is true). [read post]
5 May 2017, 3:51 am
The evidence shows that retail stores featuring dog and pet supplies, dog day care and dog boarding services may originate from the same source. [read post]
31 Aug 2021, 3:27 am
Briefs and other papers for each case may be found at TTABVUE via the links provided. [read post]
26 May 2020, 3:15 am
Zen Spa Enterprises, Inc., Cancellation No. 92060934 (May 22, 2020) [not precedential] (Opinion by Deputy Chief Judge Mark A. [read post]
4 Jan 2013, 4:40 am
Because Otter provided no evidence of acquired distinctiveness, it could not prevail in this proceeding.The Board noted that a mark on the Supplemental Register may be cited as a basis for refusing registration to another mark under Section 2(d) because, in the ex parte context, the PTO does not and cannot question the validity of a registered mark that is cited against another mark under Section 2(d).In the inter partes context, however, the Otto Roth… [read post]
3 Jun 2022, 3:31 am
In re Jordan Saglio, Serial No. 88593965 (May 31, 2022) [not precedential] (Opinion by Judge Peter W. [read post]
