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18 May 2009, 2:30 am
On May 15, 2009, the U.S. [read post]
4 Jun 2021, 3:39 am
Applicant argued that its mark HANA BANCORP & Design is nearly identical to the marks shown in four federal registrations that it claimed to own, including the mark HANA BANK & Design for "banking" and HANA GROUP & Design for business management services: The Board noted that these registration are owned by Hana Bank, but since Hana Bank is a wholly-owned subsidiary of Hana Financial Group, Inc., applicant may rely on them for purposes… [read post]
28 Jul 2017, 1:08 pm
“Marks are often classified in categories of generallyincreasing distinctiveness . . . they may be (1) generic;(2) descriptive; (3) suggestive; (4) arbitrary; or(5) fanciful. [read post]
19 Aug 2022, 5:15 am
" Along with the third-party usage, the third-party registrations "may be considered to demonstrate the meaning of a word ... [read post]
12 Mar 2015, 6:49 am
Those consumers who are familiar with this expansion may assume that APOTHEOSIS is another expansion or variation of APOTHIC. [read post]
20 Nov 2014, 3:34 am
The Board again pointed out there was corresponding limitation in applicant's identification of goods, and even if there were there was no evidence that purchasers of opposer Hale's products exercise extra care, and they may be confused by the marks.As to the marks, applicant attempted to distinguish them by pointing to the dietary supplements and sports training services that it provides in connection with its mark, as if that significantly change the meaning of… [read post]
10 Jun 2013, 10:26 pm
In re Perry David Merlo, Serial No. 85510114 (May 23, 2013) [not precedential].Section 2(e)(4): The Board did not find MERLO to be "a particularly rare surname." [read post]
1 Nov 2017, 2:52 am
Last year, in the TIME TRAVELER BLONDE case (TTABlogged here), the Board rejected a consent agreement while affirming a Section 2(d) refusal of that mark in view of the registered mark TIME TRAVELER, both marks for beer. [read post]
30 Mar 2016, 3:52 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided. [read post]
Precedential No. 18: Invoking 13th duPont Factor, TTAB Reverses 2(d) Refusal of ANYWEAR for Footwear
9 Apr 2012, 3:05 am
[Under Morehouse, a defendant may claim that, because of its ownership of a registration for the same or substantially identical mark for the same or substantially identical goods/services, plaintiff cannot be damaged by registration of the challenged mark].And so the Board reversed the refusal to register.TTABlog comment: Can you think of a situation where the addition of an "S" to a mark does make a material difference? [read post]
15 May 2008, 11:13 pm
You may also be able to get reimbursed for repairs, towing and rental vehicle costs. [read post]
9 May 2009, 9:58 pm
The video of the Simon - Perlman discussion of patent reform (on 6 May 09, at the Commonwealth Club of California) is worth a look, especially to see Perlman's comments on Professors Mark Lemley and John Thomas.Perlman mentions he contacted Mallun Yen of Cisco about papers supporting apportionment of damages. [read post]
8 Jun 2007, 4:35 am
The goods overlapped and the channels of trade were presumed to be the same.As to the conditions of sale, Opposer made the "interesting argument that imbibing customers may have even less ability than the general consuming public at large to make distinctions between or among such similar marks. [read post]
20 Sep 2022, 1:30 am
Benelux-Merkenbureau, which set out that "a colour per se, not spatially delimited, may... have a distinctive character within [the Trade Mark Directive then in force] provided that... it may be represented graphically in a way that is clear, precise, self-contained, easily accessible, intelligible, durable and objective". [read post]
20 Sep 2022, 1:30 am
Benelux-Merkenbureau, which set out that "a colour per se, not spatially delimited, may... have a distinctive character within [the Trade Mark Directive then in force] provided that... it may be represented graphically in a way that is clear, precise, self-contained, easily accessible, intelligible, durable and objective". [read post]
21 Oct 2024, 9:15 am
One may not infer the public’s perception from the conduct of a single company, even if it is the market leader. [read post]
15 Aug 2023, 11:52 am
Mark Lemley and Peter Henderson and Me appeared first on Reason.com. [read post]
10 Jun 2014, 2:41 am
Will the mark go abandoned and the registration be subject to cancellation? [read post]
22 Mar 2017, 4:35 am
There would be no crime when one merely reproduces images of industrial products (like a Vespa) without also reproducing any trade marks or distinctive signs. [read post]
18 Jan 2017, 4:41 am
(The application was filed by Opal Moon Winery, LLC on May 1, 2014 and sought registration on the Principal Register based on applicant’s intent to use the mark in commerce.) [read post]
