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16 Mar 2021, 9:33 pm by Afro Leo
, was infringing those trade marks through the use of the mark ATLANTIC. [read post]
30 Aug 2021, 3:26 am
The broken lines depicting the spine of the chair indicate placement of the mark on the goods and are not part of the mark. [read post]
2 May 2023, 8:06 am
Nonetheless, even weak marks are entitled to protection against registration of similar marks, especially identical ones, for related goods and services. [read post]
22 Apr 2024, 4:23 am
In view of the foregoing, we find that Opposer’s mark is a conceptually strong mark that is entitled to the normal scope of protection of an inherently distinctive mark. [read post]
20 Dec 2013, 10:06 am
Clear Choice Holdings LLC, Appeal No. 14-1071 (Opposition No. 91190485, August 26, 2013) [The Board sustained this Section 2(d) opposition to registration of the mark REAL CHOICE, finding confusion likely with the registered mark CLEARCHOICE DENTAL IMPLANTS, both for dental implant services [DENTAL IMPLANTS disclaimed in the registered mark]. [read post]
6 Jun 2023, 3:23 am
  As to the marks, the Board concluded that, even though EL BURRO is the lead element in Respondent’s mark, it is not the dominant portion of the mark. [read post]
16 Sep 2019, 8:30 am
In fact, the analysis of the distinctive character must be conducted by the competent authorities within the meaning of article 3 of Directive 2008/95, considering the goods and services, the relevant public, and all the relevant facts and circumstances in concreto.The CJEU, however, noted that the applicant for a trade mark is not required to indicate or even to know precisely, when applying for registration, the use he will make of the mark applied for, if registered.This is… [read post]
23 Feb 2010, 7:10 am by Dave Rein
  Courts would likely protect this mark, but would not give it as much protection as a coined or arbitrary mark. [read post]
6 Aug 2018, 3:23 am
This du Pont factor slightly favored opposer.The marks:  The fact that Oklahoma’s mark is incorporated in applicant’s mark increases the similarity between the two. [read post]
18 Jan 2018, 3:51 am
In this regard, because pattern-like images can be registered as trade marks, the Court found that the elements represented in the Manhattan design are signs that are likely to attract trade mark protection. [read post]
26 Nov 2018, 1:43 pm
 The General Court held that where it is established that a EU trade mark has lost all distinctive character in a single Member State, then that mark is no longer capable of producing the effects envisaged by the EU Trade Mark Regulation. [read post]
24 Mar 2025, 6:25 am
The CAFC observed that under the doctrine of natural expansion: the first user of a mark in connection with particular goods or services possesses superior rights in the mark as against subsequent users of the same or similar mark for any goods or services which purchasers might reasonably expect to emanate from it in the normal expansion of its business under the mark. [read post]
28 Feb 2019, 1:36 pm
Will trade mark use as a hashtag on social media take the mark to fame or instead be its commercial pitfall? [read post]
3 Jul 2014, 2:00 pm
This is surely trade mark infringement, shouted DMS andWD, who promptly commenced proceedings.Yes, said the two defendants, it does rather look like trade mark infringement -- but surely the mark wasn't validly registered. [read post]