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16 Sep 2021, 3:15 am
Applicant pointed to the first three Morton-Norwich factors to show that its proposed mark is not functional. [read post]
8 Mar 2018, 2:38 am
The Board sustained an opposition to registration of the slogan REMEMBER THIS NAME for legal services on the ground that the phrase does not function as a service mark. [read post]
18 Dec 2009, 11:14 am
The distinction can make a very big difference to the mark owner. [read post]
The proprietor of the 3D OREO mark submitted a study on the recognition of the mark within the public. [read post]
24 Dec 2009, 9:51 am by Larry Munn
Bacardi & Company Ltd. and the Registrar of Trade-marks was the second time that Bacardi had sought summary expungement, pursuant to section 45 of the Trade-marks Act, of the trade-mark CASTILLO for use in association with rum. [read post]
12 Jun 2008, 11:00 am
Applying the doctrine of foreign equivalents to Applicant's mark LUZ DE ESTRELLA & Design (shown immediately below), the Board found the mark likely to cause confusion with the registered mark STARLITE VINEYARDS ["VINEYARDS" disclaimed], both for wine. [read post]
25 May 2012, 1:55 pm
On May 16, Deputy Undersecretary for Cybersecurity, Mark Weatherford, spoke to the Advanced Cyber Security Center about DHS's cyber security priorities: Information Sharing, R&D, and the Advanced Persistent Threat. [read post]
26 Jun 2008, 10:15 am
Its specimen of use, however, displayed the mark as two words (see specimen above).The Board first considered whether the mark in the drawing is a substantially exact reproduction of the mark as used on the goods. [read post]
2 Nov 2010, 3:13 am by John L. Welch
Although the mark in the cited registration includes an additional term, that term appears at the end of the mark and is somewhat suggestive of the goods. [read post]
4 Feb 2020, 11:20 am by Tom Kosakowski
The UW University Ombud, Chuck Sloan, marked his office's 50 year anniversary in 2019. [read post]
14 Mar 2013, 5:41 am
In so far as circumstances occurring after a trade mark application was submitted may also be relevant for the purposes of the assessment of whether the trade mark applicant acted in good faith, is it possible, in the alternative, to infer the fact that the applicant acted in good faith from the situation in which the proprietor of the earlier trade mark knowingly tolerated the existence of the contested trade mark for a period of at least ten years? [read post]
11 Jul 2022, 4:21 am
The Marks: The Board agreed with Examining Attorney Jeffrey Oakes that ELLA is the "distinctive portion, and therefore the strongest element, of each mark. [read post]
7 Oct 2020, 7:04 am
" Applicant Cooper Moon argued that the space in its mark creates a different cadence from the cited mark, that the products differ in nature (one being a depressant, the other a stimulant), and that pairs of third-party registrations for marks covering coffee and beer show that in this field confusion between identical marks is unlikely. [read post]
8 Sep 2016, 4:01 am
So this factor was neutral.The Marks: The Board observed for the umpteenth time that when the goods are legally identical, a lesser degree of similarity between the marks is needed to support a finding of likely confusion.Because both marks have the leading element "floss," the marks sound and look alike. [read post]
3 Oct 2013, 8:03 pm by Afro Leo
In other words, relevant in deciding infringement or whether a mark should be successfully opposed. [read post]
20 Dec 2016, 3:36 am
In addition, applicant's mark incorporates the cited mark in its entirety. [read post]