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7 Mar 2011, 3:06 am
While these registrations are not evidence that said marks are in actual use, their existence indicates the term ELEMENTS may be recognized as having some significance for apparel.This finding of suggestiveness as to clothing did not apply to the other goods in the application, but "even without a finding of suggestiveness with regard to the Class 16 and 18 items, the inclusion of ZU in applicant’s mark, with the different appearance,pronunciation and… [read post]
17 Jan 2008, 8:00 pm
"Balancing all the du Pont factors, the Board found the marks "sufficiently dissimilar that no confusion is likely to result even in the marks are used on identical or closely related clothing items which may be purchased on impulse. [read post]
6 Oct 2009, 10:12 pm
" While VOLTA may have some suggestive meaning with regard to Applicant's goods [a play on the word "volt," suggesting a "rush" from the caffeine in Applicant's vodka], it has no such meaning for wines. [read post]
17 Mar 2011, 1:52 am
Finally, the Board noted that the involved goods are "staple, relatively inexpensive items that may be subject to impulse purchases. [read post]
29 Apr 2010, 2:29 am
You may find some discussion of that fact by conducting a GOOGLE brand search for "Chubby's Colorado. [read post]
19 Nov 2006, 2:10 pm
"The Board therefore granted the petition.TTABlog comment: Why, you may ask, was this decision deemed citable? [read post]
17 Jan 2021, 2:17 pm
A trademark search can provide information about potentially conflicting marks. [read post]
30 Apr 2010, 9:22 am
These vehicles are clearly marked. [read post]
12 Jul 2010, 1:53 am
Judge Mark W. [read post]
15 Aug 2007, 4:40 am
"Petitioner argued that Respondent had not shown any actual harm from the delay, but the Board observed that prejudice "may be as simple as the development of goodwill built around a mark during petitioner's delay. [read post]
23 May 2016, 5:00 am
The FC ultimately denied Supershuttle’s appeal on the basis that, while the observation of a trade-mark by individuals based in Canada may demonstrate use of that mark, the services with which that mark is purportedly being used must still be performed in Canada. [read post]
31 Oct 2023, 12:55 pm
CommentThose in the IP space may well wonder how the outcome of this dispute may have been different had the Republic of Cyprus included its PDO (which only registered in 2021, but can still be relied upon whilst pending pursuant to Article 8(6)(i) EUTMR) in its Opposition. [read post]
21 Nov 2011, 3:01 am
" The Board noted that third-party registrations may demonstrate that a mark or a portion of a mark is suggestive or descriptive.In addition, we take judicial notice of the term “your” as meaning “a person’s; one’s” and “future” as meaning “something that will happen in time to come. [read post]
17 Sep 2009, 3:47 am
This week's Chroncile Review has an essay by Mark Lilla, "Taking the Right Seriously," that you may be interested in. [read post]
30 Apr 2006, 8:57 pm
It also marks my 26th anniversary practicing law. [read post]
3 Mar 2024, 10:42 pm
Retro-KatsThe fifth annual Retromark conference returns for another afternoon of in-person trade mark law and practice hosted by Darren Meale of Simmons & Simmons and the IPKat on Tuesday 7 May. [read post]
12 Jul 2012, 2:49 am
That alone may suffice to support a Section 2(d) finding. [read post]
28 Dec 2009, 9:37 am
Investigators said that they did not see any skid marks around the sight of the crash leading them to suspect vehicle malfunction may have been to blame. [read post]
16 Apr 2010, 2:11 am
In a decision noteworthy for its display of photoshopping talent, if nothing else, the Board affirmed a Section 2(d) refusal to register the mark CARRERA for "welding helmets," finding the mark likely to cause confusion with the identical mark, registered for "protective helmets. [read post]
14 Jun 2013, 4:45 am
Trademarks are an important protection for any business, but nowhere in Canada is this as vital as in Québec, where failure to have a registered trade-mark may lead to notices and fines for business owners. [read post]