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"DARK DECEPTION: MONSTERS & MORTALS" for Game Software Not Confusable with MONSTER ENERGY, Says TTAB
29 Aug 2023, 3:42 am
The wording “MONSTER ENERGY” in Opposer's marks connotes "a large amount of energy or a creature with a strange or frightening appearance and a high level of energy," further distinguishing the connotations of the marks. [read post]
18 Aug 2019, 10:25 am
Rather, this should also be assessed on the basis of what would strike a consumer, looking at the marks fairly and having regard to their imperfect recollection thereof, as being the most distinctive elements of the marks, what these elements might connote, and whether these elements would be used by consumers in referencing the mark aurally. [read post]
23 Jun 2011, 7:03 pm
Mark Martins as chief prosecutor of the military commissions–and all others interested in the subject–here are links to the extraordinary series of posts Martins wrote on this blog last autumn. [read post]
11 Sep 2020, 2:04 am
The Board agreed that the word is prominent, but noted that it must evaluate the marks in their entireties, and it found them to be more similar than dissimilar in appearance, pronunciation, connotation and commercial impression.In sum, we find that the non-literal components (the lettering style and color scheme) of Registrant’s mark visually distinguishes it only slightly from Applicant’s mark. [read post]
9 Sep 2014, 1:05 am
As I reported recently in another TTAB opposition battle, likelihood of confusion between marks in the U.S. is determined on a 10 factor test, with similarity of the marks' appearance, sound, connotation and commercial impression having substantial weight. [read post]
20 Dec 2016, 3:36 am
[That begs the question - ed.].To the extent that the word BUFFALO connotes "ruggedness, outdoors, wild, western," that same connotation applies to BUFFALO JAYNE clothing "designed for a cowboy has now met its counterpart in a cowgirl named Jayne. [read post]
21 Aug 2014, 3:36 am
The Board therefore concluded that the similarities in connotation and commercial impression outweigh the differences and sound and appearance between the two marks. [read post]
22 May 2019, 4:35 am
Damage: Tarnishing & Dilution The hearing officer rejected the claim that there was any detriment to the repute of the earlier marks, as there was nothing inherent in the applied for goods/services or the mark itself that would create a negative connotation that would rub off on the earlier mark, nor was there any evidence to suggest that the applicant’s goods and services will be inferior in any way...It's a no from meImage: Ewan… [read post]
22 Feb 2017, 3:22 am
" In contrast, the word PLUMDOG has "a very different connotation and commercial impression. [read post]
4 Dec 2015, 2:44 am
The connotation of "desirability," as stated by applicant, is the "very connotation which makes the term laudatory ... [read post]
16 Mar 2018, 3:33 am
We find the marks in their entireties to be highly similar in appearance, sound, connotation and commercial impression. [read post]
30 Sep 2010, 2:11 am
However, if the CEMENTO ARMATO portion of applicant’s mark is perceived as a name, this connotation is unlikely to occur to viewers of applicant’s mark. [read post]
14 Nov 2017, 3:32 am
" And nothing in the marks or goods of the application and the cited registration provided a basis for concluding that the identical term used in the marks have "disparate definitions or connote different commercial impressions. [read post]
24 Feb 2014, 6:08 am
Hitachi's mark merely adds the word "CROSS," which has no apparent connotation in relation to the involved goods, to the cited mark. [read post]
5 Dec 2008, 11:50 pm
Vanity Fair, the CAFC went through the DuPont factors for likelihood of confusion:In testing for likelihood of confusion . . . the following, when of record, must be considered: (1) The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression. (2) The similarity or dissimilarity and nature of the goods or services as described in an application or registration or in connection with which a prior mark is in… [read post]
1 Aug 2019, 3:26 am
The Board found that the term SLINGER is likely to have the same connotation and commercial impression in each mark, especially since the goods are complementary. [read post]
6 Nov 2017, 2:50 am
Alternatively, Registrant’s mark could be viewed as a call to faith-inspired violence – i.e. to pray and then slay, in the traditional sense of the word.The Board therefore found the overall connotations and commercial impressions of the two marks to be dissimilar. [read post]
5 Feb 2015, 6:44 am
And so the Board found the marks "extremely similar in appearance and pronunciation and essentially identical in connotation and commercial impression. [read post]
16 Nov 2022, 3:08 am
Because the Applicant’s marks are used with legally identical and related goods, there is no reason to conclude that the term DUTCH would have a different meaning or connotation and, indeed, neither party offers any evidence along this line. [read post]
10 Jan 2020, 3:26 am
" The parties disagreed as to the connotation and commercial impression of the marks.Opposer’s KATE SPADE mark "is clearly understood as a reference to an individual with the first name KATE and the last name SPADE. [read post]
