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29 Nov 2011, 3:12 am by John L. Welch
"It seems unreasonable to expect consumers to recognize and pull out the white-and-blue rectangle as a service mark, yet be unaffected by the red rectangle featured in the overall design.Text Copyright John L. [read post]
6 Nov 2006, 6:09 pm
In re 1175856 Ontario Ltd., Serial No. 78442207 (October 26, 2006). [read post]
3 Jul 2008, 7:00 am
Applicant argued, to no avail, that consumers would not be deceived but would recognize the term as merely an expansion of Applicant's well-known cosmetics mark to a new product line. [read post]
19 Apr 2016, 2:58 am
The ancillary materials referencing the book, in combination, form a "system or process to 'crank up your energy fitness and weight loss.'" The evidence supports a finding that NO EXCUSES is in fact applicant's "primary mark" (DIET being disclaimed).Judge Adlin concluded that applicant is engaged in a number of "association creating activities" under the marks NO EXCUSES and THE NO EXCUSES DIET, and as a result these marks identify a set… [read post]
24 Dec 2018, 3:41 am
The intricate gothic stylization of the lettering in the mark creates another point of irony.And so the Board reversed the refusal to register.Read comments and post your comment here.TTABlog comment: As you may know, ANAHEIM HILLBILLIES is a brand created by Gwen Stefani, a native of Anaheim.Text Copyright John L. [read post]
13 Jul 2017, 4:24 am
In re Detroit Rivertown Brewing Company, LLC, Serial No. 86640818 (July 10, 2017) [not precedential] (Opinion by Judge Susan J. [read post]
17 Mar 2020, 3:12 am
And even if applicant were the first and only user of the term, that still doesn't mean it isn't merely descriptive of the goods.Text Copyright John L. [read post]
19 Mar 2014, 3:14 am
Applicant was allowed thirty days to submit a disclaimer of NUCLEAR CARE PARTNERS.Read comments and post your comment here.TTABlog comment: Even if Applicant had limited its services to qualified claimants, it presumably would have had to disclaim NUCLEAR as merely descriptive.Text Copyright John L. [read post]
26 Mar 2015, 3:01 am
" In re Micros Systems, Inc., Serial No. 85826131 (March 6, 2015) [not precedential].The marks: The Board found applicant’s mark MISTORE to be the phonetic equivalent of the dominant portion of the cited mark, MYSTORE. [read post]
6 Jun 2016, 4:33 am
Those services were divided out and the divided application proceeded to registration, based upon the same specimens of use as in this case.Text Copyright John L. [read post]
27 Jul 2022, 2:49 am
In re Super Salt, LLC, Serial No. 88143498 (July 22, 2022) [not precedential] (Opinion by Judge Cheryl S. [read post]