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13 Mar 2014, 3:17 am
Salemi refused registration of the mark PLATINUM SERIES for "dietary supplements" [SERIES disclaimed], finding the mark likely to cause confusion with eleven marks containing the word PLATINUM, registered by a single entity, for nutritional supplements. [read post]
8 Apr 2020, 4:05 am
Notwithstanding Applicant’s argument and evidence regarding the actual scope of its own and the cited Registrant’s use of its mark, we may not limit, by resort to extrinsic evidence, the scope of goods as identified in the cited registration or in the subject application to change the commercial impression of the marks.The Board noted that, if the description of goods in Flair's application were limited to wresting t-shirts and wrestling tank tops, there… [read post]
1 Aug 2016, 4:20 am
Cir. 1991) ("We know of no reason why, in a particular case, a single du Pont factor may not be dispositive"), the Board dismissed the opposition.Read comments and post your comment here.TTABlog comment: Why is this precedential? [read post]
11 Feb 2014, 5:43 am
So, if consumers are aware that there is a network and may think (i.e. the ad is vague in this regard) that there is a commercial connection between trade mark owner and the advertiser, the ad will have to include some information stressing that they are not connected. [read post]
29 Mar 2016, 3:52 am
A mark may be deemed deceptive even if the descriptive term is embedded in a larger mark. [read post]
1 Aug 2017, 5:59 am
"The Examining Attorney introduced 13 use-based, third-party registrations covering both beer and restaurant services, as well as excerpts from third-party websites purportedly showing the same mark referring to beer and restaurant services.Taking the Examining Attorney’s position to its logical extreme, not only would a senior user of a mark for restaurant services have prior rights for that mark for beer, but the senior user of a mark for restaurant… [read post]
10 Oct 2014, 1:15 am
The Board reversed a Section 2(d) refusal to register the mark ZOMBIE CINDERELLA for dolls, finding the mark not likely to cause confusion with the registered mark WALT DISNEY’S CINDERELLA & Design, shown below, also for dolls. [read post]
11 Dec 2015, 3:01 am
" Moreover the words have the same connotations: "a situation in which everything is confused and in a mess," perhaps suggesting the loss of control that may occur when one drinks alcohol.The Board concluded that the marks "are sufficiently similar in appearance, sound, connotation and commercial impression that, if used in connection with related goods, confusion would be likely to occur. [read post]
23 Jan 2014, 4:00 pm
Medion may be briefly summarised as deciding that, where a later mark uses an earlier mark in a composite sign which includes the name of the applicant company and the earlier mark has an independent distinctive role in the composite sign (without necessarily constituting the dominant element), a likelihood of confusion cannot be ruled out. [read post]
6 May 2019, 3:52 am
Ronald Mark Huber, Opposition No. 91232736 (May 3, 2019) [not precedential] (Opinion by Judge Cynthia C. [read post]
12 Apr 2017, 3:38 am
Applicant claimed use of the mark since 2006, but although that may indicate a degree of commercial success, it is "not conclusive or persuasive considering both the nature of the mark sought to be registered and the widespread use of CERTIFIED CHIANINA BEEF by others.Moreover, Applicant states that it has spent “[a]t least $82,750.00” to promote its products and conducted a number of dinners for more than 100 “ranchers, cattlemen, restaurateurs, and… [read post]
26 Jul 2018, 3:04 am
Bergsman).Applicant's specimen of useIn assessing a failure-to-function refusal, and particularly whether the mark is merely ornamental, the Board may consider whether the mark at issue is a common expression. [read post]
16 Jan 2009, 2:10 am
A claim for false marking under 35 U.S.C. [read post]
3 Jul 2007, 6:33 am
What you may also not know is that I have two presentations in the running. [read post]
5 Jan 2017, 3:38 am
In what may prove to be the opening gambits in an evolving area of trademark law, the Board snuffed out an application to register a mark for “retail store services featuring herbs” because the mark was being used in connection with the sale of a substance (marijuana) that is illegal under the federal Controlled Substances Act. [read post]
21 Sep 2015, 3:03 am
In addition, the goods may be sold to the same classes of consumers, including the general public. [read post]
11 May 2015, 10:16 am
” Video of the program is available via the American Bar Association. _____ Looking ahead to May: Retired Justice John Paul Stevens spoke at the Lawyers for Civil Justice May 2015 Membership Meeting in Washington, D.C., on May 4. [read post]
16 May 2016, 4:04 pm
CLS Bank International and what this could mean for hopeful software patentees.* A Brave New World: EU Trade Mark Reform: AIPPI EventKatfriends, James Agnew and Muir Mackean, report from the AIPPI discussion, exploring the Trade Mark review package from the EU, which really does engage a range of aspects of trade mark law, from registration to infringement and beyond.* Ex Deep Purple member rocks up 20 years later to register band name as trade markIt may not be… [read post]
15 Nov 2010, 12:30 pm
Some of us have the day off, but we don't do much to mark it. [read post]
1 Nov 2012, 6:10 am
Patent marking is also used as a marketing technique. [read post]
