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15 Oct 2019, 3:19 am
"The recognized that an ornamental design" may, in some cases, inform the purchasing public of 'the source of the [goods], not the source of the manufacture, but the secondary source.'"In the context of an ornamentation refusal, "'secondary source' simply means that the use of the design or words would be perceived by the consumer as an indicator of source due to the applicant's prior use or registration of the mark for other goods or… [read post]
26 Oct 2021, 3:45 am
" Counsel argued that "[t]here is no rule that says a label when affixed to the goods cannot cover other graphics (in this case the bubbles), nor is there a rule that says the wording has to be in the same font or match the arrangement of the other wording on the tag. [read post]
28 Feb 2018, 2:59 am
In any case, the Board noted, that registration would not help applicant because of the clear differences in the registered mark and the applied-for mark.The Board concluded that each component of applicant's mark retains its merely descriptive connotation in relation to applicant's goods when the terms are combined, and that the combination WHITE SANGRIIIA is highly descriptive of applicant's goods.Acquired Distinctiveness: Applicant argued that, even… [read post]
10 Nov 2015, 3:49 am
The Board observed, however, that consumers of expert witness services are attorneys who desire to use those services in the preparation and presentation of their cases. [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" In re Micros Systems, Inc., Serial No. 85826131 (March 6, 2015) [not precedential].The marks: The Board found applicant’s mark MISTORE to be the phonetic equivalent of the dominant portion of the cited mark, MYSTORE.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]
5 Apr 2024, 4:14 am
And the third case demonstrates that discovery is very helpful, if not mandatory, in proving nonuse. [read post]
13 Dec 2018, 2:48 am
" The Board noted, however, that "this argument could be made in any foreign equivalents case, almost all of which by definition involve comparing marks in different languages that typically look and sound different. [read post]
21 Aug 2013, 3:35 am
The Board affirmed a Section 2(a) refusal to register the mark AWSHIT WORKS, in standard character form, for baseball caps and other clothing items, finding the mark to be scandalous. [read post]
29 May 2013, 1:04 pm
However, the court finds this case to be distinctly different from those claims. [read post]
8 Aug 2012, 12:55 pm
Mark McKinney (SD Ind., Young), a 10-page opinion, Judge Kanne writes:Michael Alexander alleges that... [read post]
5 Jul 2016, 11:44 am
Jun. 29, 2016) See DuetsBlog’s 2012 entry on what appears to be a related case, in which the plaintiff roofing/repair company sued a different competitor for using orange on its signs. [read post]
11 Apr 2011, 6:45 pm
" The Christian Science Monitor has an article headlined "Winklevoss twins fraud case: Is 'Social Network' saga finally over? [read post]
6 Nov 2022, 2:18 pm
The Winters doctrine refers to the 1908 case Winters v. [read post]
15 Aug 2007, 4:40 am
The petition for cancellation was filed on March 24, 2005, nearly five years after the registration issued.The Board found that, in the context of this case, the period of delay was unreasonable, based both on Petitioner's knowledge and on its testimony that "it purportedly actively policed its mark. [read post]
26 Jan 2006, 5:15 pm
I am informed that the Knight Textile case was brought to the Board's attention at oral argument.]Applicant argued that the term "P.M. [read post]
17 May 2019, 4:05 am
Section 2(c), in pertinent part, bars registration of a mark that "[c]onsists of or comprises a name, portrait, or signature identifying a particular living individual except by his [sic] written consent .... [read post]
6 Sep 2019, 4:45 am
The check is marked for “Retainer” . [read post]
9 Sep 2015, 8:53 am
By Mark S. [read post]
22 May 2015, 6:02 pm
Call me today at (619) 813-7955 to see if I would be the right fit with your injury case - I would be more than happy to speak with you at your convenience (: [read post]
17 Aug 2009, 11:20 pm
Reversing a Section 2(d) refusal to register the mark ANDIAMO for wine, the Board found the mark not likely to cause confusion with the identical mark registered for restaurant services. [read post]
