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10 Mar 2015, 8:38 am
" But this Kat's experience of US trade mark litigation is that of a distant spectator, so he is prepared to be corrected.In the event that trade mark registration is unavailable in the United States, Comfyballs invites respondents to suggest an alternative brand name under which its undoubtedly comfy products may be sold in the Land of the Free. [read post]
2 Nov 2015, 3:42 am
In re Engine 15 Brewing Co., LLC, Serial No. 86038803 (October 29, 2015) [not precedential].The Board observed that the USPTO may prove that a mark is scandalous under Section 2(a) by showing that the mark is "vulgar" as applied to the identified goods. [read post]
19 May 2012, 2:59 am
The statewide quarantine on Organic Pastures' raw milk and raw-milk products, which was imposed on May 10, has been lifted, with the dairy's owner, Mark McAfee, joyfully describing that as "breaking news" in a May 17 video on the dairy's Facebook page. [read post]
29 Jan 2007, 6:48 am
Bite-mark analysis remains an inexact tool. [read post]
3 Dec 2010, 4:19 pm
There are many other "international days" that you may have marked on your calendar for the coming year: World Cancer Day (February 4), World Day of Social Justice (February 20), International Mother Language Day, (February 21), World Musical Freedom Day (March 3), International Women's Day (March 8), International Day for the Elimination of Racial Discrimination (March 21), World Water Day (March… [read post]
6 Mar 2016, 10:36 am
So there may be other terms not covered by the literal meaning of the class heading, but it’s not going to tell you what these are. [read post]
3 Mar 2019, 11:24 pm
"Organic production logo" refers to the mark attributed to alimentary products that are produced according to the applicable EU regulatory framework. [read post]
12 May 2015, 1:53 am
Also, possibly because of the amount of time he spends passing through airports with Duty Free shops, he wonders whether JURA has a sort of niche fame within the whisky-purchasing fraternity even though wine-drinkers may not recognise it].* The JURA ORIGIN mark was not dissimilar overall to both the word marks and the logo mark. [read post]
8 Feb 2023, 1:53 am
While the words 'SWISS MILITARY' by themselves or in conjunction with the red-and-white cross may not directly indicate a Swiss origin to the goods, any customer of average intelligence would attribute a Swiss origin to the mark due to the presence of the Swiss indicium, namely, the red-and-white cross. [read post]
11 Jan 2015, 4:21 am
This wording left less room to invalidate a mark than the corresponding provision of the Community law on descriptive marks:“trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service”Thus the French Court held that… [read post]
22 Apr 2013, 7:28 am
There may well be some jolly good reasons why the whole episode took so long, but to the outsider everything seems, well, a little slow. [read post]
23 May 2018, 6:13 am
In re Canine Caviar Pet Foods, Inc., Serial No. 85710350 (May 17, 2018) [precedential] (Opinion by Judge Lorelei Ritchie).Deceptiveness under Section 2(a) requires a showing that (1) the mark misdescribes the goods, (2) consumers would likely believe the misdescription, and (3) the misrepresentation would materially affect the purchasing decision. [read post]
3 Jul 2018, 3:02 am
Under Section 18 of the Trademark Act, the Board may, upon motion of any party before it, amend the ownership of an application pursuant to the Board's authority to "register the mark or marks for the person or persons entitled thereto, as the rights of the parties . . . may be established in the proceedings. [read post]
29 Apr 2015, 3:15 am
In doing so, the Board determined the following: The first five letters of both marks are identical (i.e., “APOTH”) and consumers are likely to focus on the first part of the marks; The marks look and sound similar due to sharing the same first five letters; Applicant’s mark “APOTHEOSIS” means “pinnacle” or “elevation to divine status” or “the perfect example,” and similar; Gallo’s… [read post]
29 Jan 2007, 6:13 pm
" For example, "an identical term may take on very different meanings as applied to related goods, overcoming a likelihood of confusion. [read post]
28 Jan 2008, 4:28 am
The question for the Board was "whether applicant's mark is inherently distinctive; in other words, whether - as used on the specimens - the mark is an indication of source notwithstanding any aesthetic qualities it may have. [read post]
9 Aug 2010, 1:06 am
The new logo, as a whole, may be registrable as a trade mark but the prevalence of the copyright symbol may have the effect of diluting the trade mark to the point where it has far less value as a trade mark than if Cell C came up with an original logo that didn’t incorporate such a well known symbol. [read post]
24 Dec 2012, 7:24 pm
An applicant must therefore show that "in some possible way he may be damaged or injured if the trade mark is allowed to stand; and by "possible" I mean possible in a practical sense, and not merely in a fantastic view. .... [read post]
13 Aug 2024, 3:12 am
Respondent is correct that use may be proven by witness testimony that is clear, consistent and uncontradicted. [read post]
23 Feb 2010, 7:10 am
When the name changed from Pluto's Platter to Frisbee, the mark may have climbed to the strongest category of protection. [read post]
