Search for: "Mark May"
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21 Oct 2015, 2:41 am
The Board had no trouble concluding that El Taco Grande may claim a first use date in 1997. [read post]
11 Jan 2013, 4:49 am
And so the Board denied the motion to amend.Grape's Motion for Summary Judgment: Having denied the motion to amend, the Board denied Grape's cross-motion for summary judgment on the rejected ground of failure to function.ChaCha's Motion for Summary Judgment: ChaCha maintained that is mark 242242, which corresponds to CHACHA on the telephone dial, is not merely descriptive of its mobile search services because it does not identify any quality, characteristic, function, feature,… [read post]
24 Sep 2015, 6:01 am
Although ALLAGASH is the first portion of applicant's mark, and the first portion of a mark is more likely to remembered by consumers, the word's descriptiveness may result in the word WILD "overcom[ing] its secondary position. [read post]
16 Nov 2020, 3:31 am
"Although widespread use may be enough to render a term or phrase incapable of functioning as a trademark, regardless of the type of message - for example, I ♥ DC, ONCE A MARINE, ALWAYS A MARINE, DRIVE SAFELY - the use of the proposed mark "is not sufficiently widespread such that we can find it inherently incapable of serving as a source identifier even though the record does not demonstrate that the applied-for-mark is a familiar expression with a… [read post]
19 Dec 2019, 2:55 am
Although the subject matter of one or more of applicant's films may be related to this time in history, the subject matter of applicant's intended products and services is the unique stories of several "incorrigible rogues" who were exiled or transported upon being convicted of one of those crimes.The Board pointed out that the mark at issue must be considered not in a vacuum, but in the context of the identified goods and services. [read post]
17 Jan 2014, 7:53 am
It may all come down to nostalgia: the "Knopf im Ohr" has always functioned as a trade mark for this German Kat, in the happy days of her childhood in a German provincial town before she even knew about the existence of trade marks as a legal concept. [read post]
6 Nov 2020, 2:35 am
" Applicant argued that DND is the dominant element in his mark, and that the fact that the goods may be found in the same store does not establish their relatedness.]In re Sundown Sounds Cruise, LLC, Serial No. 88159692 (November 3, 2020) [not precedential] Opinion by Judge David K. [read post]
28 Feb 2019, 3:06 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided. [read post]
6 May 2024, 3:54 am
May 3, 2024) [not precedential]. [read post]
12 Jan 2016, 8:34 am
The Board was impressed.The Federal Circuit has stated that evidence of third-party registrations is relevant to show that a segment of a mark “may have a ‘normally understood and well-recognized descriptive or suggestive meaning, leading to the conclusion that that segment is relatively weak,’ …” Jack Wolfskin Ausrustung FurDraussen GmbH & Co. [read post]
29 Mar 2019, 3:13 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided. [read post]
12 May 2023, 4:30 am
In re Angel Asset Management LLC, Serial No. 90188208 (May 10, 2023) [not precedential] (Opinion by Judge Frances S. [read post]
9 Sep 2021, 3:39 am
Although respondent's sales in the U.S. may have been minimal, they sufficed to establish priority. [read post]
14 Jun 2019, 3:46 am
” Secondly, the Board noted that a “party’s earlier contrary opinion may be considered relevant and competent” to a limited extent, but that it is no substitute for the Board reaching its own ultimate conclusion. [read post]
23 Feb 2024, 4:06 am
TTABlogger comment: In a review of a Board decision by way of civil action under Section 1071, the plaintiff may raise new issues and add evidence. [read post]
26 Sep 2014, 3:02 am
The goods may be inexpensive and purchased by the public at large. [read post]
23 Sep 2014, 3:08 am
The Board pointed out, however, that the Paris Convention, and particularly Article 6ter, provides a "baseline for protection, but it does not impose a cap on how restrictive a country may be in prohibiting registration of symbols, including flags. [read post]
4 Jul 2013, 10:06 am
Acronyms may be too generic (in most cases) to be distinctive as they are, by their very nature, open to conventional use (For instance, both Guaranty Trust Bank Plc and Ginika Teka Balls Limited can lay claims to "GTB"). [read post]
14 May 2024, 3:25 am
Ltd., Serial No. 90978154 (May 8, 2024) [not precedential] (Opinion by Judge Cheryl S. [read post]
27 Jul 2017, 3:11 am
Ultimately, we find that the color selection in the applied-for mark fails to create a separate commercial impression.Applicant's argument that the term STREAM may conjure a stream of water was "implausible" when considered in the context of Applicant’s services.Here, Applicant's presentation of its mark is in an unremarkable font style. [read post]
