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25 Aug 2009, 10:41 pm
The Board pointed out, however, that there was no such restriction in the opposed application or in the CLUE registrations, and the Board's Section 2(d) determination is based on the identification set forth in the application and registrations, "regardless of what the record may reveal as to the actual nature of the goods. [read post]
1 Jun 2018, 9:51 am
Word Mark Click To View 5480728 REELCRAFT TSDR 5480721 MYLOGOSHOP.COM TSDR 5480716 DEA TSDR 5480617 COUNT ON IT TSDR 5480608 COMFORTDRIVE TSDR 5480087 CROSSROADS KOMBUCHA TSDR 5480073 TEA, MADE BETTER TSDR 5479964 DAIPUR DESIGNS TSDR 5479962 PRO CARBON TSDR 5479913 FIRESTONE TSDR 5479775 TCD DEALS TSDR 5482759 MABEL TSDR 5479482 THE BEAN TSDR 5482695 EVANSVILLE HOSES TSDR 5482628 EMBARK TSDR 5479238 ROLL-IN TSDR 5479108 TURF NERD TSDR 5479107 TURF NERD TSDR 5482516 VIVE BIOTICS TSDR… [read post]
2 Jun 2010, 2:22 am
In re Cutting Edge Beverages, LLC, Serial No. 77420157 (May 18, 2010) [not precedential].Examining Attorney Andrew Rhim maintained that the wording is "an integral element of the mark as shown on the specimen," and further that consumers frequently encounter the universal prohibition sign together with words and so would likely view the design and words as integral parts of a unitary mark. [read post]
8 Apr 2021, 11:14 pm
He’d predicted just that back in May as businesses continued to experience financial loss as a result of Covid-19. [read post]
2 Apr 2009, 4:00 am
Without such a statement, the Board may refuse to consider the additional response. [read post]
27 Oct 2019, 3:31 am
Mark Hernandez Chacon obviously exists. [read post]
21 May 2015, 6:25 am
Are unsafe areas clearly marked? [read post]
14 Nov 2022, 2:55 am
In this context, it may be interesting to see the approach that the UPC (and the English Courts, in some instances) will take with respect to these complicated and interesting issues in the near future. [read post]
31 Jul 2008, 11:00 am
Also, "peanut butter is used in food items in combination with "chocolate, candy, cookies, and pretzels; peanut butter also may be used an ingredient in candy and cookies. [read post]
21 Oct 2011, 2:44 am
[T]he first term in applicant’s mark, i.e., NUTRI, is not a recognized word but may suggest that applicant’s goods are nutritious or contain nutrients. [read post]
8 Apr 2021, 7:18 am
This increase in numbers also impacts whether a new applicant may obtain the mark they wanted or has to settle for second or third-runner up because the mark they truly wanted has already found an owner This opinion is backed by the increasing surge in trademark applications over the years, with 2020’s applications increasing by one-third despite a pandemic that severely crumbled the U.S. economy, going from 459,000 in 2019 to 659,000.. [read post]
21 Feb 2007, 3:02 am
A collective trademark, may also indicate [read post]
24 Oct 2011, 2:32 am
Applicant pointed to its use of the marks BROOKS BROTHERS, GOLDEN FLEECE, and the "hanging sheep" logo since the mid-1800s as prima facie evidence of acquired distinctiveness under Rule 2.41(b), but the Board pointed out that an applicant may "tack" such earlier marks only if they are the "legal equivalent" of BLACK FLEECE. [read post]
21 Apr 2015, 4:34 am
And the mark here was more than a source identifier. [read post]
25 Jan 2009, 2:17 pm
ECTA, the European Communities Trade Mark Association, appears to have broken ranks with the trade mark owners' organisations MARQUES and INTA over twin issues of (i) overcharging of applicants for Community trade marks and (ii) subsidising national trade mark granting authorities out of fees paid by applicants for Community trade marks. [read post]
16 Feb 2017, 6:21 am
It seems that some of the more relevant EU trade marks were allowed to lapse in error along the way with applications for new ones, in exactly the same classes, being made as late as May 2016. [read post]
4 Jan 2021, 3:42 am
Evidence regarding resumption of use of the mark "may be probative of whether the registrant intended to commence use during a previous period of nonuse. [read post]
28 Aug 2006, 4:55 am
The Board reversed a PTO requirement that Applicant Commerce Bancorp disclaim the word COMMERCE in the mark COMMERCE BANK & Design for banking services ["BANK" disclaimed]. [read post]
1 Dec 2020, 6:15 am
And of course this does not explain the contradiction between accepting the word mark while refusing the figurative mark, which simply shows that examiners may not technically but do in fact have a lot of room for discretion. [read post]
21 Feb 2008, 2:37 am
Now, THAT's Precedent (it may be Canada, but it applies everywhere):Mark Twain wrote: "Clothes make the man. [read post]
