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14 Jul 2015, 3:13 am
The USPTO had deemed the mark confusingly similar to eight registered marks consisting of or including the term ALLEGIS, for personnel recruitment and placement services for temporary and permanent positions. [read post]
11 Dec 2018, 5:59 am
Fame: Opposer Gallo claimed that its THUNDERBIRD mark is a "very strong, if not famous, mark," relying on use of the mark since 1957 and on pertinent sales and advertising data. [read post]
28 Oct 2015, 2:30 am
This is a curious finding, as not all nationals of all Member States are aware of goods or services elsewhere in the Union, and effectively creates goodwill in those that have not, and might never, see those goods or services.The final remaining question for the Court was also put in very succinct terms: "...in what circumstances Article 4(3)... is applicable if the earlier Community trade mark has already acquired a reputation in a substantial part of the territory of the European… [read post]
18 Apr 2013, 4:56 am
And the design element of the cited mark is large and noticeable, further distinguishing the marks. [read post]
22 Oct 2020, 4:01 am
"Applicant argued that “WA529” is a whimsical or fanciful mark, that the mark as a whole does not suggest a geographical location, and that the Examining Attorney's dissection of the mark "“disrupts the singular, unnatural and whimsical commercial impression of the subject term. [read post]
10 Oct 2019, 10:00 pm
The owner of a mark loses rights to the mark if the owner fails to use the mark. [read post]
25 Sep 2016, 3:24 am
Grounds for revocationThe grounds for revocation of a trade mark are found under Article 12 of the EU Trade Mark Directive. [read post]
29 Mar 2012, 5:16 am
However, Apple Corps Ltd, an undertaking founded by ‘The Beatles’ group, opposed that application, relying on its various earlier Community and national trade marks, including the word mark ‘BEATLES’ and several figurative marks composed of the word ‘BEATLES’ or ‘THE BEATLES’. [read post]
10 Dec 2010, 10:33 am
Costco Faces False Patent Marking ClaimsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a qui tam complaint filed on behalf of the United States, a plaintiff stated false patent marking claims by alleging that Costco marked its premium Kirkland Signature brand diapers with two expired United States patent numbers, knowing that the patents had expired, with intent to deceive the public, the federal district court in Chicago has ruled.The… [read post]
5 Feb 2019, 3:28 pm
There was no evidence of record to show the mark was commercially weak, therefore the sixth du Pont factor (the number and nature of similar marks on similar goods) also weighs in favor of confusion. [read post]
Precedential No. 18: Invoking 13th duPont Factor, TTAB Reverses 2(d) Refusal of ANYWEAR for Footwear
9 Apr 2012, 3:05 am
How about adding an "S" to the mark DUMBAS? [read post]
31 May 2018, 1:35 pm
” Moreover, the Board found that the Opposer’s INDUSTRY mark was weak, reasoning that: the weaker an opposer’s mark, the closer an applicant’s mark can come without causing a likelihood of confusion and thereby invading what amounts to its comparatively narrower range of protection. [read post]
22 Oct 2009, 2:17 am
" Moreover, the word "classic" appears in more than one hundred registrations for marks for golf tournaments, and thus, in the cited mark, denotes a golf tournament.The Board agreed that "Trinity" is the strongest source-identifying term in both marks, but "the design features of these marks cannot be dismissed quite as easily as the Trademark Attorney has done. [read post]
17 Jun 2020, 7:14 am
Merck Global launched infringement proceedings against Merck US in the UK for trade mark infringement on the basis of their use of MERCK on various US websites, social media posts and email addresses that Merck Global claimed were targeting the UK market. [read post]
DISTRACTION: So, yesterday reader John Mark Williams suggested that the Colbert testimony was inten…
24 Sep 2010, 9:19 am
MORE: Reader Mark Linder writes: You and John Mark Williams are right to suppose that the administration and its supporters are much happier with people talking about Colbert and not Coates. [read post]
12 Jul 2012, 2:49 am
," finding the mark likely to cause confusion with the registered mark MUZZYS in stylized form (second below) for "clothing, namely hats, shirts and jackets," and for "retail store ... featuring motorcycle parts and clothing manufactured by others. [read post]
29 Sep 2010, 3:30 am
The Board affirmed the refusal, finding the mark likely to cause confusion with the registered mark THE GREAT ESCAPE, also for golf clubs. [read post]
15 Nov 2007, 11:00 pm
Wednesday, the jury returned a guilty verdict here and awarded Mark's client with probation here. [read post]
3 Sep 2008, 11:00 am
" series of decisions, the Board affirmed a refusal to register the mark AT C-LEVEL for "magazines featuring economic information specific to municipalities" on the ground that the mark depicted in the drawing is not a substantially exact representation of the mark shown in Applicant's specimens of use, as required by Rule 2.41(a). [read post]
25 Aug 2010, 2:25 am
The Examining Attorney maintained that the mark was likely to cause confusion with the mark depicted immediately below, for "women’s dresses, shirts, skirts and apparel. [read post]
