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15 Oct 2019, 3:19 am
In making that determination, the Board may consider the “size, location, dominance, and significance of the alleged mark. [read post]
26 Mar 2015, 3:01 am
" In re Micros Systems, Inc., Serial No. 85826131 (March 6, 2015) [not precedential].The marks: The Board found applicant’s mark MISTORE to be the phonetic equivalent of the dominant portion of the cited mark, MYSTORE. [read post]
22 Jul 2024, 3:39 am
Casagrande) [Section 2(d) refusal to register the mark MÁXIMO SANTANA for "Mezcal; Distilled agave liquor; Distilled blue agave liquor," in view of the registered mark SANTANA for "wines. [read post]
20 Jul 2016, 2:44 am
The USPTO refused to register the mark FIRST TUESDAY under Section 2(e)(1) of the Trademark Act, deeming the mark merely descriptive of "lottery cards; scratch cars for playing lottery games" and for "lottery services. [read post]
10 Nov 2015, 3:49 am
"As to the marks, applicant's mark "falls in the grey region between pure design marks which cannot be vocalized and word marks which are clearly intended to be. [read post]
14 May 2012, 5:02 am by David Canton
CIPO’s resistance to registering sound marks apparently arose because the wording of the trademarks act requires marks other than word marks to be filed as a drawing. [read post]
20 May 2011, 3:21 am by John L. Welch
Consequently, the burden of proof for distinctiveness was correspondingly heavier.The Board refused to allow Applicant to "tack on" the distinctiveness of its prior registration for the mark shown above, because the marks are not legally equivalent: the applied-for mark does not contain a design element, and the prior mark does not contain ".com. [read post]
21 Oct 2011, 2:44 am by John L. Welch
"Applicant's mark creates a markedly different visual appearance as compared to opposer's pleaded MILK marks. [read post]
30 Jan 2008, 1:59 am
The marks, when viewed in their entireties, are arbitrary. [read post]
15 Aug 2010, 5:50 am by Brian Scott
As mentioned above, generic marks hardly ever receive legal protection from trademark and copyright courts.An arbitrary mark is often called a fanciful mark because it has absolutely no relation to the product with which it is associated. [read post]
17 Aug 2019, 9:15 am by Jacqui Pryor
IP Australia updated the Australian Trade Marks Office Manual of Practice and Procedure in 2016 to include a definition for a hashtag and offers some guidelines for businesses to follow. [read post]
13 Dec 2009, 3:40 am by John L. Welch
Da Bears contend that this mark will likely cause confusion, dilution, and false association vis-a-vis various BEARS-formative marks. [read post]
7 May 2012, 6:51 am by Rebecca Tushnet
Further, the fame of the Original DAHON mark cannot compare with that of a truly famous mark, such as Coca-Cola. [read post]
16 Mar 2009, 3:15 am
"Laches: Unique argued that Shelby was guilty of laches due to its delay in seeking to register the marks. [read post]