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30 Mar 2018, 2:58 am
The USPTO refused registration of the mark THE SCIENCE OF MEDICEUTICALS for, inter alia, nutritional supplements, finding it likely to cause confusion with the registered mark MEDICEUTICALS for, inter alia, skin and hair care products. [read post]
1 Apr 2023, 7:01 pm
The court said in part:If the military does not have meaningful conditions and controls on the licensing of its trademarks, the military may be deemed to have opened a limited public forum for private expression using those marks.... [read post]
10 Nov 2021, 4:29 am
" The Board agreed with Examining Attorney Tejbir Singh that the proposed mark, as presented on Maugus's specimens of use, would not be perceived as identifying source, but rather would be seen as an exampls of how wording may appear on the products that consumers purchase. [read post]
6 Sep 2023, 9:06 am
The situation may change if the sign acquires distinctiveness through intensive market use or repeated marketing campaigns.Though not mentioned in the OD decision, the same criteria were applied by the General Court in the recent past when denying the registration of the sound of opening a can of soft drink (T-668/19 and a comment by The IPKat here).Since the EU trade mark reform in 2015 and the abolishment of graphical representation requirement, it became easier (at least in… [read post]
3 Nov 2014, 3:00 am
The hearing schedule and other details regarding attendance may be found at the TTAB website (lower right-hand corner)]. [read post]
13 Jul 2017, 4:24 am
"For highly descriptive marks, passage of time alone may be insufficient to establish secondary meaning. [read post]
25 Aug 2014, 3:04 am
[T]he predecessor to our primary reviewing court has held that a mark which is merely descriptive of the packaging of goods may be found merely descriptive for the goods themselves. [read post]
21 Mar 2007, 10:00 pm
"What about the composite mark, CONFERENCE AMERICA? [read post]
30 Dec 2009, 8:53 am
Applicant argued that Opposer did not use its mark in interstate commerce until 2001, but that was irrelevant to the issue of priority because "an opposer claiming priority may rely on intrastate use. [read post]
4 Apr 2019, 6:48 am
That may be a thing of the past as the president, vice president, and treasurer have returned for second terms. [read post]
9 Sep 2014, 1:30 am
Caterpillar Inc. may not be as recognizable as the most famous Hollywood Celebrities, but who says fame can't have its benefits for heavy machinery companies as well. [read post]
5 Nov 2019, 2:27 am
The examining attorney relied on the proposition that similarity in sound alone may support such a finding. [read post]
22 Nov 2022, 4:05 am
The evidence showed that the term GUN is often used to describe certain types of massage apparatus, and "the THERA portion of Opposer’s THERAGUN mark may be perceived by consumers as a shortened form of the word 'therapy.'" The Board concluded that THERAGUN is "somewhat suggestive of the identified massage apparatus. [read post]
5 Sep 2014, 2:32 am
Even if some care is assumed, however, even careful consumers may be confused "where substantially similar marks are used on highly related and/or complementary goods. [read post]
27 Jun 2013, 2:58 am
Although the respective services may be marketed in different channels of trade, the consumers are the same. [read post]
8 May 2018, 3:06 am
Dropship LLC DBS Tool USA, Opposition No. 91222920 (May 7, 2018) [not precedential] (Opinion by Judge Angela Lykos). [read post]
18 May 2017, 3:28 am
In re USA Warriors Ice Hockey Program, Inc., Serial No. 86489116 (May 16, 2017) [precedential] (Opinion by Judge Bergsman).Du Pont 13: Applicant argued that this case is analogous to Strategic Partners [TTABlogged here], where the Board reversed a Section 2(d) refusal based on applicant's ownership of a substantially similar mark that had co-existed with the cited registered mark for more than five years. [read post]
3 Feb 2022, 5:49 am
It noted that Vox did not make a claim of acquired distinctiveness, and the .SUCKS stylized version may be registrable "if it can be shown that the particular display which the applicant has adopted has acquired distinctiveness. [read post]
2 Jul 2020, 4:13 am
Briefs and other papers for each case may be found at TTABVUE via the links provided.July 7, 2020 - 2 PAM: In re Chicanos Por La Causa, Inc., Serial No. 87935794 [Section 2(d) refusal of the mark CPLC for various health care services in class 44, in view of the identical mark registered as a certification mark for "perinatal loss care services"].July 9, 2020 - 1 PM: Biogrand Co., Ltd. v. [read post]
3 Jan 2018, 3:49 am
Pologeorgis)Likelihood of Confusion: The Board found that opposer's DON Q mark and Applicant's DONQ mark are, at a minimum, similar in appearance, connotation, and commercial impression, regardless of how a consumer may pronounce the marks. [read post]
