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20 Nov 2013, 7:34 am
[Appeal briefs and other papers may be found via PACER; Oral argument recordings may be found here].Ex parte appeals:In re Vibrynt, Inc., Appeal No. 13-1019 (Serial No. 77701760) [Section 2(d) refusal to register the mark PREVAIL for "medical devices, namely, abdominal implants and delivery systems therefor," in view of the registered mark PEEK PREVAIL for "surgical implants comprising artificial material]. [read post]
27 Sep 2022, 3:53 am
Narita's declarations established a first use date of May 27, 2016. [read post]
29 Apr 2020, 5:52 am
" Of course, the fact that applicant may be the first and only user does not immunize the mark from being merely descriptive of the services.And so the Board affirmed the refusal.Read comments and post your comment here.TTABlogger comment: So on its face the mark may seem incongruous, but when you drill down to the actual services, maybe not.Text Copyright John L. [read post]
22 Sep 2014, 3:11 am
"The Board found the mark to be at most suggestive of the goods. [read post]
5 Jan 2018, 2:02 am
Conversely, if the adoption by the Indian company is not genuine, it may be considered dishonest, resulting in an injunction against the Indian company. [read post]
18 Apr 2023, 4:36 am
Here, the agency’s path may be reasonably discerned. [read post]
19 Feb 2021, 6:17 am
" [Presumably meaning that the Association may add the required geographical language to its rejected claims].Read comments and post your comment here. [read post]
31 Jan 2014, 1:23 am
The press reports were not use of the mark by Healey Sports, and could not therefore be relied on as such.... and here's the next interesting bit, even though it's obiterHenry Carr QC let off a bit of steam on a matter that, this Kat suspects, may have been troubling him for some little time. [read post]
12 Feb 2021, 3:22 am
In any case Carling's sales may merely reflect the popularity of its products rather than recognition of its proposed marks.Carling argued that competitors had copied its design and that actual confusion had occurred (consumers had returned defective switches made by others to Carling). [read post]
29 Aug 2022, 5:00 am
Sections 1 and 2 provide for registration of "trademark[s] by which goods of the applicant may be distinguished from the goods of others. [read post]
30 Nov 2020, 3:38 am
However, the Board allowed Transcend twenty days to amend its answer to include this defense, while noting that a suspended corporation, upon revival after payment of taxes, may proceed before the Board.Use of Mark by Individual Owners: Transcend contended that Spanishtown is not entitled to bring a petition for cancellation based on priority and likelihood of confusion because it cannot rely on the dates of first use of the mark PURISSIMA for vodka by the… [read post]
18 Jul 2016, 1:20 pm
Friday FoghornInternKat brings you a blast of hot IP news/events that you may have missed:- UK IPO invites bids by early September for research into the IP valuation market. [read post]
29 Jul 2021, 2:54 am
The Board found that Petitioner was the owner of the SEYIDOGLU mark at the time Respondent filed the application to register the mark.Therefore, Nema Foods' statement that it owned the mark when it filed the underlying application was false and, because only the owner of a mark may apply to register, the statement was material to the issuance of the registration.However, petitioner failed to provide clear and convincing evidence that Nema Foods intended to… [read post]
6 Feb 2023, 4:05 am
This lessens the weight we otherwise may have accorded the ornamental nature of those uses in showing that the phrase fails to function as a trademark. [read post]
9 Aug 2020, 12:32 pm
More of life) as an EU trade mark (EUTM). [read post]
28 Jun 2021, 6:08 am
Expressive messages may still be refused registration "as a commonplace term, message, or expression pursuant to Sections 1, 2, and 45 of the Trademark Act. [read post]
1 Jun 2012, 3:58 am
Stated otherwise, other considerations with respect to the trade mark relationship between two parties's marks may override a simple calculus based on "likelihood of confusion". [read post]
16 Mar 2009, 3:15 am
" In short, "facts based on events occurring subsequent to the filing date of the application may be considered. [read post]
14 Jul 2010, 5:04 am
The time may be rapidly approaching when legal aid divorce lawyers will have to compete with cut-price suppliers, just as their private counterparts are already having to do.Of course, I could take a leaf out of Mark's book and suggest that couples should do their own divorce, but I wouldn't do such a thing. [read post]
19 Feb 2012, 4:00 am
Stem Cells May Play Future Role in Traumatic Brain Injury Treatment [read post]
