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23 May 2016, 3:48 am
The Board agreed with the Examining Attorney that:[i]n this case, it is clear that the marks create similar commercial impressions because, as Applicant argues, “TEST is commonly understood as shorthand for ‘testosterone’ in nutritional supplements,” and “360 is a common term when marketing nutritional supplements as a way to connote wholeness or completeness, as in the 360 degrees of a circle. [read post]
14 May 2016, 6:34 am by Lawrence B. Ebert
“[A] registered mark may be canceled at any time on the grounds that it has become generic. [read post]
10 May 2016, 3:27 am
In sum, the Board found the marks to be "highly similar in pronunciation and connotation and, despite the differences in appearance, are similar in their overall commercial impressions. [read post]
6 May 2016, 3:24 am
The Board observed that a slight difference in spelling does not always result in differences in meaning or connotation. [read post]
3 May 2016, 3:29 am
While FLIP’N might "suggest food prepared by flipping," FLIP’N also shares the same euphemistic meaning as FRICKIN’. *** Because FRICKIN’ creates such a strong commercial impression, and because FLIP’N and FRICKIN’ are so similar in appearance and cadence, and both words are euphemisms for the word “fucking,” when viewed in their entireties we find that Opposer’s mark FRICKIN’ and Applicant’s mark… [read post]
3 May 2016, 12:50 am by Rechtsanwalt Martin Steiger
However, the pear logo, particularly on account of its abstract stylisation, sleek silhouette and the oblong stem leaning to one side, connotes to the reputed Apple logo. [read post]
2 May 2016, 3:15 am
Even without proof of the extent of third-party use, that evidence may demonstrate a highly suggestive connotation in the industry, and therefore the weakness of the mark. [read post]
26 Apr 2016, 2:42 am
  In re Favorit Czechoslovakia s.r.o., Serial No. 79133133 (April 22, 2016) [not precedential].The marks: The Board wasted little time in finding the marks to be similar in appearance, sound, connotation, and commercial impression. [read post]
24 Apr 2016, 9:39 am by Guest Blogger
Conversely, advocates of a single tier, such as retired Justice John Paul Stevens, fail to recognize that new descriptors along a single dimension, marking which laws are or are not permissible, will necessarily emerge. [read post]
24 Apr 2016, 3:48 am by SHG
Kirsten Gillibrand, Tim Kaine, Claire McCaskill and Mark Warner have written a letter calling for increased funding for the Department’s Office for Civil Rights, which has b [read post]
11 Apr 2016, 7:39 pm
(Pix © Larry Catá Backer 2016) It has been a long time, almost a generation, since the basic line of the Chinese Communist Party refocused the insights of class struggle away from its more primitive manifestation in a rough calculus of status to its current manifestation in the communal struggle to bring prosperity to the nation through the development of productive forces. [read post]
29 Mar 2016, 12:02 pm by Danielle Brennan
  Based upon each of these points, the Board held that the marks are confusingly similar in appearance, sound, connotation and commercial impression. [read post]
23 Mar 2016, 3:34 am
As to connotation, Petitioner's marks suggest an Italian brand of coffee, whereas Respondent's mark does not.The CAFC has recognized that a single du Pont factor may be dispositive, "especially when that single factor is the dissimilarity of the mark. [read post]
22 Mar 2016, 6:13 am
" While no doubt intended as a compliment (the athlete had not come anyway near to achieving his potential), the saying took on an ironic, almost negative connotation. [read post]
21 Mar 2016, 3:19 am
and that JAWS DEVOUR YOUR HUNGER is similar to the registered mark in terms of appearance, sound, connotation, and commercial impression. [read post]
4 Mar 2016, 2:59 am
" Oppser's customers are likely to be impulse buyers of Dale Earnhardt apparel and memorabilia, whereas applicant's customers will purchase furniture and custom homes with some degree of care.The Board found EARNHARDT to be the dominant portion of applicant's mark, and concluded that the involved marks are similar in appearance, sound, connotation, and commercial impression.Relying on the Harry Winston case, opposer argued that the family relationship… [read post]
2 Mar 2016, 4:02 am by Lindsey A. Zahn
The Board then moved on to the similarity of the marks, focusing on the similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation, and commercial impression. [read post]
26 Feb 2016, 4:10 am
The USPTO refused registration of the mark MUTT for beers, finding the mark likely to cause confusion with the registered mark LAZY MUTT for beer. [read post]
26 Feb 2016, 2:27 am
It would seem, after all, that rare is the situation where an object so carefully cultivated to project a positive image, such as Mickey Mouse, has come to have such a negative connotation. [read post]
18 Feb 2016, 3:10 am
Thus, regardless of whether consumers would view the marks as invented foreign words or surnames, the connotation is the same. [read post]