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19 Jan 2017, 8:22 am
DISH PIZZA” should be viewed in light of its “family” of double word marks with explanation marks. [read post]
25 Aug 2011, 2:00 am
A drawing that includes multiple elements that do not comprise an identifiable mark, or that consists of wording describing the mark, does not constitute a clear drawing of the mark. [read post]
22 Apr 2012, 8:10 am
Das BGer hält fest, dass zwar diejenige Partei die Beweislast für die fehlende Gebrauchsabsicht einer Marke trägt, die sich auf den Nichtigkeitsgrund der Defensivhinterlegung beruft, dass die fehlende Gebrauchsabsicht aber eine erstens negative und zweitens innere Tatsache ist, so dass die Gegenseite die Gründe dokumentieren oder zumindest behaupten muss, wieso die Hinterlegung trotz der Ungereimtheiten, welche die Klägerseite dargetan hat, Teil einer auf Fairness… [read post]
11 Dec 2018, 10:02 am
” The post Celebrity Millennium Suicide by Crew Member Marks Sad End to Final Voyage appeared first on . [read post]
3 Apr 2013, 7:43 pm
Moreover, he had been using his mark well before Red Bull had even filed its mark. [read post]
5 Oct 2020, 3:20 am
” Therefore, the mark is not inherently distinctive. [read post]
4 Apr 2018, 3:45 am
[Emphasis supplied]In comparing the applied-for mark with the cited mark, the Board pointed out that the pictorial representation in applicant's mark is taken into account in the du Pont analysis. [read post]
14 Jan 2019, 3:53 am
Forney maintained that the applied-for mark is not a “color mark” but should be treated as product packaging. [read post]
14 Jul 2014, 3:10 am
However, since its word mark MAGNEXT differed from the dominant element ‘magnet’ of the earlier mark only by the capital letter ‘X’, that mark had an average degree of visual and phonetic similarity to the earlier mark. [read post]
31 Oct 2023, 12:55 pm
The Court's decisionThe Republic of Cyprus' appeal centred around three main limbs: Firstly, that the Board of Appeal incorrectly applied case-law relating to individual marks when assessing likelihood of confusion in respect of certification marks; Secondly, that the Board of Appeal assessed the distinctive character of the earlier marks as though they were individual marks; and Thirdly, that the Board of Appeal… [read post]
9 Feb 2007, 6:23 am
Gulfstream Aerospace sent up one of their $50M business jets today on an 8.5-hour test flight spanning 11 states for the sole purpose of leaving their mark on the Net in the form of a flight track that spells out 'GV' (the nickname of the Gulfstream V aircraft being flown) when viewed online. [read post]
3 Oct 2011, 1:33 am
Are some trade mark assessments more equal than others? [read post]
8 Aug 2017, 3:49 am
[Section 2(d) refusal of the mark ADRENALIN ATTRACTIONS for "amusement part rides" [ATTRACTIONS disclaimed] in view of the registered mark ADRENALIM for "amusement park rides and water park rides"].In re Primary Investments Grp. [read post]
24 Jun 2022, 3:33 am
Applicant also contended that because its marks are domain names and the cited mark is a "Brand Service name" there is no cause for confusion. [read post]
16 Sep 2020, 3:12 am
But what about the marks? [read post]
22 Apr 2016, 7:23 am
The wording in the description of the Cadbury's mark had to be considered. [read post]
2 Jul 2018, 6:56 am
First, the complaint failed to sufficiently plead “use” of the mark. [read post]
23 May 2025, 7:30 am
Applicant Tempo feebly argued that the cited mark EVEN is weak, but it submitted no evidence of third-party marketplace uses of similar or identical marks. [read post]
18 Sep 2015, 4:13 am
[Refusal to register the mark 1-800-TIRE-911 for vehicle tire repair services and roadside assistance services, on the ground that the mark fails to function as a service mark: i.e., the mark is merely informational and would not be seen as an indicator of source but merely as the means by which customers can contact Applicant].In re Paul Adam’s Trademarks and Patents LLC, Serial No. 85851688 (September 11, 2015) [not precedential]. [read post]
13 Aug 2013, 3:12 pm
Without reaching the issue of whether "Allied Interstate" is a famous mark, Judge Swain dismissed the dilution claims finding: (1) the claim is inapplicable where the defendant uses the mark to refer to the mark owner's goods or services as defendants used the mark here; (2) defendants' use of the mark was a fair use; and (3) to the extent that defendants used the mark to draw a distinction between Allied Interstate's services and… [read post]
