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27 Dec 2016, 3:30 am
The examining attorney's distinction between third-party use as a trade name rather than as a service mark was not meaningful, since service marks and trade names serve the same source-identifying function.The inherent weakness of the word “accurate” as a mark for roofing services and the significant third-party use of ACCURATE in the marks and names of roofing companies suggest that roofing marks containing the word ACCURATE are capable… [read post]
13 Feb 2013, 4:05 am
The Board found that Walgreen's incorporation of the distinctive first portion of Opposer's mark with the first portion of its house mark "creates a substantially similar mark to opposer's previously-used mark." [read post]
6 Aug 2019, 2:27 am
At the CAFC, Hylete argued that the Board erred in failing to compare Hylete's "H" mark with Hybrids's "composite common law mark" instead of just Hybrid's common law "H" mark. [read post]
12 May 2020, 4:18 am
The main dissimilarity between the marks is that the middle word in Opposer’s mark is DO while the middle word in Applicants’ mark is DREW. [read post]
17 Nov 2014, 9:52 am
The terms "trademark" or "mark" are commonly used to refer to both trademarks and service marks. [read post]
24 Jun 2019, 2:24 am
The Marks: Applicant argued that the registered mark’s stylized font, design element, and color scheme distinguish the marks. [read post]
17 May 2023, 4:07 am
TTABlogger comment: When a party has multiple registered marks, it seemingly seldom can segregate its sales and advertising figures by mark. [read post]
2 Feb 2015, 3:28 am
All that is required is that the mark sought to be registered clearly identifies a specific person. [read post]
18 Jul 2013, 3:05 am
It is not uncommon for trade mark attorneys to berate marketing people about their choice of names for trade marks. [read post]
23 May 2015, 5:25 am
Therefore, the likelihood of confusion was excluded in the light of the dissimilarities of all marks involved.In respect of the earlier word F1 marks, the Court said that the F1H2O application had weak visual and phonetic similarities, as the F1 element was shared by all marks, but they were offset by the conceptual differences between the marks. [read post]
14 Nov 2019, 3:00 am
Like the Board, we conclude based on the DuPont factors that Copeland-Smith’s mark is likely to cause confusion with Lynch’s mark. [read post]
24 Sep 2018, 3:20 am
The USPTO refused registration of the mark LUNACYCLE, in standard characters, for electric bicycles, finding the mark likely to cause confusion with the registered mark LUNA, in the design form shown below, for women’s bicycle clothing and accessories. [read post]
10 Jan 2018, 3:34 am
Miami Ibis DesignPrecedential No. 6: Applicant Complied With Rule 2.61(b) Request for Information, Says TTABPrecedential No. 4: Despite Amendment of Drawing to "SharpIN," TTAB Treats Mark as Standard Characters and Affirms Descriptiveness RefusalPrecedential No. 2: TTAB Affirms Rejection of Specimen of Use for CONEY ISLAND BOARDWALK CUSTARDCertification Mark Control: Precedential No. 1: TTAB Dismisses Opposition to TEQUILA Certification Mark ApplicationFailure to… [read post]
13 May 2020, 4:39 am
Adlin).The Marks: The Board observed that the marks are almost identical in sound because LORD LION and LORD LYON would be pronounced the same. [read post]
11 Apr 2023, 4:02 am
[T]he PROCAT mark “looks, sounds, and conveys the impression of being a line extension of” Petitioner’s mark CAT when the marks are both used for footwear. [read post]
31 Jul 2024, 3:03 am
Above the trade mark, the word ‘ALASKA’ is depicted. [read post]
4 Apr 2009, 4:08 am
See: "In order to qualify to register one's mark and receive the enhanced protections that flow from registration (giving the world notice of one's exclusive rights in the mark), the owner must have made ‘bona fide use of the mark in the ordinary course of trade, and not merely to reserve a right in the mark.' Id. [read post]
2 Apr 2010, 1:45 pm
The mark had not been used for nine years, but the Court concluded that the ownership of the mark was plagued by a series of unfortunate events, including the deaths of the principal owners and a lengthy liquidation process. [read post]
9 May 2007, 10:42 am
The UK-IPO has launched a mini-consultation pertaining to the changes to the examination of trade marks on the relative grounds.The Office has already consulted on whether the Trade Marks Registry should adopt a ‘search and notify' role, i.e. it will search the Register for conflicting earlier marks, and then will notify the applicant and earlier mark-holder, but won't block the applied-for mark from… [read post]
3 May 2020, 1:49 pm
Our guest this week is Mark C. [read post]
