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7 Sep 2006, 6:16 pm
A mark that is registered on the Principal Register is entitled to all Section 7(b) presumptions including the presumption that the mark is distinctive and moreover, in the absence of a Section 2(f) claim in the registration, that the mark is inherently distinctive for the goods. [read post]
20 Jun 2018, 3:13 am
On appeal, applicant argued that it was not seeking to register its mark for plush or stuffed animals, that registrant's customers are shopping for baby board books that are accompanied by stuffed toys, and that the marks are different because applicant's mark is "ironic" while the cited mark is literal. [read post]
6 Nov 2015, 3:38 am
Respondent's mark, taken in its entirety, "creates a wholly different commercial impression from Petitioner's marks. [read post]
26 Aug 2014, 3:45 am
"For them, the marks may have no meaning and the visual and phonetic aspects of the marks, as well as the overall commercial impression created by the marks, will be the critical elements in forming their impressions of the marks. [read post]
21 Dec 2022, 4:16 am
The Board, however, observed that the prior registered marks were not the same as the proposed mark; in fact, the proposed mark is closer to the cited mark than the prior marks. [read post]
5 Nov 2018, 3:10 am
"The Marks: The Board found the marks to be similar in appearance, sound, connotation, and commercial impression. [read post]
11 Dec 2014, 3:23 am
The USPTO refused registration of the mark PhotoGro for "fertilizers for agricultural use," finding the mark likely to cause confusion with the registered mark PHOTO MAX for "fertilizers; plant nutrition preparations" [PHOTO disclaimed]. [read post]
10 Apr 2009, 3:50 am
Any intention to use the mark may go to promotional services for dealerships, but not to "vehicles for transportation. [read post]
25 Apr 2019, 5:05 am
The USPTO refused registration of the mark ACTTRA, finding it likely to cause confusion with the registered mark ACTARA, both for agricultural insecticides. [read post]
19 Feb 2014, 2:58 am
"Considering the marks in their entireties, we find the marks are very similar in sight, sound, connotation, and overall commercial impression." [read post]
28 Oct 2016, 7:19 am
But what about the marks? [read post]
6 Feb 2015, 3:22 am
Don Calder applied to register the mark CALIFORNIA REPUBLIC for various clothing items, but the USPTO refused registration on the ground of likelihood of confusion with the registered mark shown below, for overlapping clothing items [CALIFORNIA disclaimed in both marks]. [read post]
13 Sep 2022, 2:54 am
The Board observed that, although the marks differ in sound and appearance, the "propensity of consumers to shorten marks" makes the marks more similar than dissimilar. [read post]
20 May 2014, 2:46 am
The PTO refused registration of the mark LEN, in the form shown below, on the ground of likelihood of confusion with the registered mark LENS, both for retail clothing store services. [read post]
14 Dec 2015, 3:31 pm
In response, Jack Wolfskin filed a counterclaim for cancellation of New Millennium’s mark since they have abandoned said mark. [read post]
2 Oct 2008, 5:05 pm
The move was welcomed by banking interests that have also pushed for a loosening of mark-to-market accounting rules in the bailout legislation. [read post]
24 Jan 2011, 2:22 pm
In this case, the Vancouver owner waited until May of 2009 to file applications to register its SALT TASTING ROOM and SALT marks, even though it claims in both applications to have used those marks since July of 2006. [read post]
22 Sep 2006, 5:50 am
(I'm not shilling for Mark; all proceeds go to Jones Day.) [read post]
30 Jan 2023, 1:47 pm
Panjshiri [1/30/23] My previous blog post, “What are the Types of Trademarks,” explained the distinction between Trademarks, Service Marks, State Marks, Federal Marks, and Common Law Marks, which are common types of protection for marks in the United States. [read post]
15 Apr 2011, 2:42 am
The addition of RALPH LAUREN to the registered marks "adds to the likelihood of confusion with registrant’s mark, rather than acting to distinguish the marks. [read post]
