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6 Oct 2013, 2:19 pm
While that may be so, once you include wording within the description, it is clear that it will be treated as defining the scope of the mark as graphically represented. [read post]
15 Aug 2020, 4:05 am
The present case will probably add to the discussion of the role of polls in trade mark law. [read post]
26 Jun 2012, 10:18 am
Furthermore, if a mark holder does not act to protect his trademark, his mark may become weakened or he may lose rights over the mark. [read post]
3 Mar 2015, 4:19 am
In this guest post Ng Qi Ting (Kass International, Kuala Lumpur) writes about a similar instance in Singapore which occurred last year:While the Japanese company Seiko may be a pioneer in “exquisite workmanship” when it comes to timepieces, establishing itself as a famous brand to half the world, it certainly did not enjoy much success in its battle in opposing the trade mark SEIKI from securing a place in the trade mark registry of Singapore.Choice… [read post]
28 Feb 2024, 3:29 am
" As to consumers, "[t]he fact that some portion of Applicant’s target audience – gamers and anime fans of all ages – may from time to time also consume energy drinks of the type listed in Opposer’s Beast mark registration, is not a sufficient basis to conclude that the classes of customers are the same. [read post]
13 Nov 2019, 9:06 am
In line with the CJEU Lego Juris decision, the court recalled that “the prohibition on registration as a trade mark of any sign consisting of the shape of goods which is necessary to obtain a technical result ensures that undertakings may not use trade mark law in order to perpetuate, indefinitely, exclusive rights relating to technical solutions. [read post]
3 Nov 2021, 4:08 am
" The court observed that the Morehouse defense is premised on the principle that a party damaged by an existing registration “cannot suffer legal damage from [an] additional registration, over and above any damage it may suffer from [an] existing registration” for essentially the same mark and same goods. [read post]
26 Jun 2015, 3:55 am
Applicant sought to register the mark KNOTTY BRUNETTE for "beer, ale and lager," but the USPTO refused registration, finding the mark likely to cause confusion with the mark NUTTY BREWNETTE for beer. [read post]
30 Aug 2018, 9:04 am
However, in some instances, a single du Pont factor may be pivotal, and such is the case here.The 13th du Pont factor encompasses "any other established fact probative of the effect of use. [read post]
8 Oct 2023, 3:20 am
The assessment of distinctiveness in relation to the specified goods and services is indeed likely to represent a substantial obstacle to overcome successfully, in that consumers may be taken as regarding the sign in question as a mere promotional image offered in relation to the relevant goods and services at issue. [read post]
29 Sep 2010, 3:30 am
Moreover, as the Board noted later, even if the goods were expensive and purchased with some care, even careful purchasers may be confused when encountering identical products sold under similar marks.Turning to the marks, the Board found them to be similar in sound and appearance. [read post]
24 Oct 2017, 2:04 am
" Because opposer has standing to bring its genericness claim, it also had the right to assert any other grounds for relief.Misuse of R symbol: Improper use of the R symbol, if done with intent to deceive, may be a ground for denying registration of a mark. [read post]
19 Nov 2019, 3:22 am
It has produced lines of glass bottles for brand name perfumes (e.g., Christian Dior) and bottles and decanters for such liquor products as Remy Martin, Courvoisier, and Grey Goose (vodka), and also for Evian bottled water.In light of the fame of Opposer's mark and the expansion of its product line, the use of the identical mark in connection with vodka may well be perceived as another of Opposer’s commercial activities capitalizing on its BACCARAT… [read post]
26 Sep 2022, 3:26 am
Section 14(3) says the claim may be brought "if the registered mark is being used" to misrepresent source. [read post]
7 Mar 2012, 3:36 am
We noted, as we had in prior cases, that "illustrations of the mark as actually used may assist the T.T.A.B. in visualizing other forms in which the mark might appear. [read post]
26 Mar 2021, 7:41 am
“[I]f the dominant portion of both marks is the same, then confusion may be likely notwithstanding peripheral differences. [read post]
14 Mar 2019, 3:09 am
Trade dress may provide evidence of whether a word mark projects a confusingly similar commercial impression.The Board therefore found that the mark GNARLY MARLEY’S "is similar to Opposer’s BOB MARLEY and MARLEY marks in their entireties in terms of appearance, sound, meaning, and commercial impression. [read post]
20 Jul 2015, 2:51 am
The disclosures merely stated that "Registrant may introduce exhibits to be identified in a Notice of Reliance. [read post]
29 Oct 2018, 5:58 am
However, challengers of pending marks may also file a Letter of Protest through the PTO. [read post]
8 Apr 2007, 3:16 pm
Readers may recall the GOSMILE PM tootpaste case (TTABlogged here, here, and here), in which the applicant sought review by way of civil action, reached an agreement with the PTO that allowed re-opening of prosecution of its application, submitted addition evidence of the weakness of "PM," and now has overcome the Section 2(d) refusal to register.Three non-precedential decisions in which the Board has found no likelihood of confusion upon addition of a house mark to a… [read post]
