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7 Oct 2015, 2:49 am
The Board must compare the mark shown in opposer's registration certificate to the mark shown in the application drawing. [read post]
4 Dec 2013, 3:05 am
The Board affirmed a Section 2(d) refusal to register the mark FLUTTER FAERIES for "doll accessories; dolls," finding the mark likely to cause confusion with the registered mark FLITTER FAIRIES for "fantasy toy characters" [FAIRIES disclaimed]. [read post]
21 Oct 2014, 2:15 am
But what about the marks? [read post]
4 Mar 2020, 3:14 am
" The Board also noted that the mark THE JOINT often appeared along with other marks, and so "it is unclear which mark . . . attracts public attention. [read post]
28 Jul 2017, 1:08 pm
An issueA mark is primarily merely a surname if the surname“is the primary significance of the mark as a whole to thepurchasing public. [read post]
12 Nov 2013, 3:25 am
In re Hyperkin Inc., Serial No. 85472382 (October 16, 2013) [not precedential].The marks: The fanciful representation of a genie in applicant's mark merely reinforces the word portion of the mark. [read post]
29 Dec 2021, 5:20 am
Moreover, in the absence of any limitations in the identifications of goods, the Board must presume that the goods are offered in all customary channels of trade.The Marks: The fact that the registered mark is stylized is "of little consequence," since the propsed mark is in standard character form, and therefore the Board "must consider presentations of that mark regardless of font style, size or color in determining their similarity or… [read post]
20 Nov 2014, 3:34 am
The Board not surprisingly found the mark likely to cause confusion with the registered mark GO PRO for overlapping clothing items. [read post]
10 Nov 2022, 4:03 am
The Board found, however, that Applicant did not acquire rights in the mark, and further that Opposer had not abandoned the mark. [read post]
12 Mar 2015, 6:49 am
Gallo Winery opposed an application to register the mark APOTHEOSIS for wine on the ground of likelihood of confusion with its mark APOTHIC, also for wine. [read post]
15 Dec 2016, 3:55 am
The added word WHEAT does distinguish applicant's mark in appearance and sound, but consumers are likely to view applicant's mark as designating a variation of one or both cited marks - i.e., "a wheat-style beer under the WOODY brand, which also is offered in stout and brown-ale style beers. [read post]
20 Dec 2017, 3:04 am
The Board affirmed a Section 2(d) refusal to register the mark THE SAISON D'HERETIQUE, finding the mark likely to cause confusion with the registered mark HERETIC BREWING COMPANY [BREWING COMPANY disclaimed], both for beer. [read post]
12 Jul 2017, 3:18 am
Therefore a lesser degree of similarity between the marks is needed to support a finding of likely confusion. [read post]
1 Nov 2017, 2:52 am
Last year, in the TIME TRAVELER BLONDE case (TTABlogged here), the Board rejected a consent agreement while affirming a Section 2(d) refusal of that mark in view of the registered mark TIME TRAVELER, both marks for beer. [read post]
24 Sep 2013, 3:04 am
Or would it, the authors ask, be better referred to as a "potential mark, contingent mark, non-mark, anti-mark, faux-mark or pseudo mark"? [read post]
19 Aug 2022, 5:15 am
" Turning to the marks, the Board noted that the "minute differences" in the marks "might not suffice to distinguish marks of average conceptual strength. [read post]
25 Apr 2025, 6:25 am
[W]hen a proposed mark, as represented in the drawing, does not constitute the complete mark, it is sometimes referred to as a “mutilation” of the mark. [read post]
18 Oct 2021, 5:54 am
All three marks contain "additional textual matter taking the mark outside the prohibition of Trademark Act Section 2(e)(3). [read post]
20 Feb 2014, 4:08 am
Under section 6A of the Trade Marks Act 1994, registration of BSKF's mark could not be refused by reason of an earlier mark, unless, within the period of five years ending on 1 July 2011, that earlier mark had been put to genuine use in the UK by the proprietor or with its consent in relation to the goods or services for which it was registered. [read post]
4 Sep 2009, 5:25 am
This Kat has come across news from the US Federal Circuit court that might excite those of our readers that manage trade mark portfolios that include US trade mark registrations. [read post]
