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26 Aug 2013, 4:15 pm
Canadian Council of Professional Engineers, the Federal Court of Canada dismissed an appeal of the Trade-mark Opposition Board’s refusal to register a mark. [read post]
29 Feb 2012, 3:00 am
The Board sustained Opposer Research in Motion's opposition to registration of the mark CRACKBERRY for various online computer services and assorted clothing items, finding the mark likely to cause confusion with, and likely to dilute, RIM's famous mark BLACKBERRY for handheld devices including smartphones. [read post]
18 Apr 2011, 3:08 am
Montooth testified during discovery that the mark "has not been and may never be used," that statement does not negate applicant’s bona intent to use the mark, because applicant’s mark had yet to clear the application process. [read post]
29 Jan 2020, 3:45 am
The application was rejected as the DKPTO found the mark descriptive for sports clothing. [read post]
22 Feb 2015, 9:30 pm
This Leo has just learned (a few months later) that the ‘nollywood’ trade mark challenge reported herelast year ended without much argument.Do I need a forklift for this? [read post]
26 Apr 2015, 9:24 am
A second Texas prisoner passed the 30-years-in-solitary mark last Monday. [read post]
26 Sep 2011, 3:16 am
The Board found the mark DENT ZONE, in standard character and design form, for vehicle maintenance and repair, likely to cause confusion with the registered mark AUTOZONE for retail auto parts store services and auto repair services. [read post]
5 Feb 2010, 2:14 am
In an unexpectedly dull opinion, disappointingly devoid of illustrations, the Board dismissed an opposition to registration of the mark PEACH CLAIRE for lingerie, finding the mark not likely to cause confusion with the registered mark PEACH BUNS for women's clothing, including swimwear. [read post]
11 Sep 2008, 9:30 am
As to the marks, the Board found that "[b]ecause the marks share the surname 'Edelman,' which is the only element in the registered mark and is a clearly recognizable and prominent element in applicant's mark, ... there are strong similarities between the marks in terms of appearance, sound, meaning and commercial impression. [read post]
6 Jun 2011, 3:22 am
The marks look close enough. [read post]
24 Jul 2012, 2:39 am
" In re Vibrynt, Inc., Serial No. 77701760 (July 20, 2012) [not precedential].The marks: Vibrynt contended that PEEK is the dominant portion of the cited mark, but the Board found the marks similar in their entireties. [read post]
28 Apr 2010, 2:42 am
Applicant sought to register the mark ART HOUSE GREETINGS in standard character form, for greeting cards [GREETINGS disclaimed], but the Examining Attorney refused registration under Section 2(d), finding the mark likely to cause confusion with the registered mark ARTE HOUSE for "fine art prints, posters, calendars and greeting cards. [read post]
11 Apr 2012, 2:45 am
As to Registrant's mark, the first part of the mark "is most likely to be impressed upon the mind of a purchaser and remembered. [read post]
21 Oct 2019, 5:31 am
Country of Origin Marking Rules. [read post]
7 Mar 2023, 5:40 am
V V sought to register the following trade mark in Singapore (the “V V Mark”): However, its application was opposed by Twitter, which relied on its prior registration for the following mark (the “Twitter Mark”). [read post]
5 Feb 2015, 8:11 am
The result is that the later mark benefits from the earlier mark’s power of attraction without its proprietor being compensated for the investments in the mark’s prestige.Of course, the link between the later and the exploited earlier marks must be substantiated with evidence showing the unfair association of the positive qualities of the reputed sign with the later one. [read post]
21 Feb 2013, 2:49 am
For example, Section 11(1) of the UK's Trade Marks Act 1994 provides: "A registered trade mark is not infringed by the use of another registered trade mark in relation to goods or services for which the latter is registered" No equivalent provision exists in the Community Trade Mark Regulation. [read post]
27 Mar 2020, 3:34 am
[TTABlogged here].Strength of the Cited Mark: Applicant Medline argued that many third parties "use different shades of green for medical gloves," that more than 40 different green medical gloves are available,” and that many of those are more similar in color to the cited mark than is its mark. [read post]
3 Jul 2016, 5:54 am
[T]hese marks constitute a kind of graffiti, albeit one stripped of its transgressive connotations... [read post]
8 Oct 2022, 10:00 am
To establish a claim of trademark or service mark infringement, a party is required to show that: (1) it owns a valid, protectable trademark (or service mark); and (2) there is a likelihood of confusion caused by an opposing party’s use of the mark. [read post]
