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15 Feb 2019, 3:01 am
" - ed.].Similarity of the Marks: The Board found some similarity between the marks in sound and appearance, and "strong similarity" in connotation and overall commercial impression. [read post]
11 Feb 2019, 10:35 am
The two main factors – that apply in every case are: The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression, and The relatedness of the goods or services as described in the application and registration(s). [read post]
8 Feb 2019, 4:06 am
” The Board reasoned that, in this case, the mark CANNABIS CANNIBALS connotes “the fanciful animated, fictional subjects of Applicant’s entertainment services created by Applicant rather than a factual subject matter. [read post]
5 Feb 2019, 3:28 pm
When considering the similarities of the marks, the Board found them very similar in sight, sound, connotation, and commercial impression. [read post]
4 Feb 2019, 8:40 am
The two main factors – that apply in every case are: The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression, and The relatedness of the goods or services as described in the application and registration(s). [read post]
15 Jan 2019, 8:43 pm
Those factors are: (1) The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression. (2) The similarity or dissimilarity and nature of the goods or services as described in an application or registration or in connection with which a prior mark is in use. (3) The similarity or dissimilarity of established, likely-to-continue trade channels. (4) The conditions under which and buyers to whom sales are made,… [read post]
9 Jan 2019, 5:08 am
This approach also accounts for any significant changes in the marketplace between the date of Applicant’s first use of its mark and trial.The Board found that the mark TIVO was famous both as of 2010 and at the time of trial.Turning to the issue of whether the applied-for marks dilutes the TIVO marks, the Board considered the six non-exclusive factors set forth in Section 43(c)(B)(i)-(vi).As to the similarity of the marks, the Board applies the… [read post]
2 Jan 2019, 3:16 pm
The Polaroid Factors examine the following eight criteria: 1. the strength of senior mark; 2. the degree of similarity between the two marks; 3. the proximity of the users’ products; 4. the likelihood of the senior user entering the junior user’s market; 5. actual confusion; 6. the junior user’s good faith in adopting its mark; 7. the quality of the junior user’s product; and 8. the sophistication of the buyers. [read post]
19 Dec 2018, 12:02 pm
These days, the term DUI almost always has a starkly negative connotation attached to it. [read post]
18 Dec 2018, 3:16 am
Furthermore, the Board's determination must be made based on the least sophisticated purchaser.Purported Weakness of "TJ": Applicant argued that "TJ" has the connotation of a nickname and, as demonstrated by third-party registration evidence, is a "somewhat weak mark. [read post]
13 Dec 2018, 2:48 am
The Board affirmed Section 2(d) refusals to register the two Chinese character marks shown below, for "restaurant services," finding a likelihood of confusion with the registered mark SEAHORSE for "bar, lounge services. [read post]
11 Dec 2018, 5:59 am
The marks have entirely different connotations and hence different commercial impressions. [read post]
6 Dec 2018, 2:57 am
"In sum, the Board found no commercial weakness in the term SNAP or in the cited mark, but the term and the mark possess a degree of inherent weakness due to their suggestive connotations. [read post]
5 Dec 2018, 5:42 am
In addition, the connotations and commercial impressions are "quite similar. [read post]
4 Dec 2018, 5:47 am
"In sum, "[t]he marks are quite dissimilar in appearance, sound, and connotation and commercial impression when considered in their entireties. [read post]
3 Dec 2018, 12:08 am
Similarly, the court found that the including of the term “graffiti” did not self-evidently connote a type of criticism or disregard for the brand that rises to a meaningful level of distinction. [read post]
21 Nov 2018, 3:59 am
" The Board found nothing in the combined mark EARNHARDT COLLECTION that "diminishes or transforms the immediate connotation that the furniture or custom construction of homes services involves a grouping under the EARNHARDT name. [read post]
14 Nov 2018, 9:54 am
In examining its effect on the overall comparison of the marks, the TTAB said that the words LIFE IS A RECIPE “imparts a connotation that simply highlights use of the spices” and contends that consumers would simply ignore them (as well as the other distinctive word, SONI) and believe that Verde Valle’s mark is simply a shortened version of the registered mark, because of “the penchant of consumers to shorten marks. [read post]
13 Nov 2018, 2:40 am
Since concussions are in the news, according to applicant, ATHLETE INTELLIGENCE could be perceived as a reference to or "play" on the idea of preserving the intelligence of an athlete engaged in contact sports.The Board pointed out that the double connotations of the mark "must be associations that the public would make fairly readily. [read post]
9 Nov 2018, 3:01 pm
Contact Walker & Walker Law Office Bankruptcy used to carry a series of negative connotations when it came to a person’s reputation. [read post]
