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8 Oct 2015, 2:06 am
The defendant countered that the member local networks were a class of entities, not an unincorporated association, and that since each member network had retained its own separate goodwill there had never been any collective ownership of the goodwill in the letters "OCN".Judge Hacon dismissed the trade mark infringement action in respect of the word marks but upheld the claims for trade mark infringement and for passing off with regard to the "swoosh"… [read post]
17 Sep 2018, 3:24 am
Gorowitz).The Assigned Marks: The marks covered by the first four registrations were not in use when respondent acquired them in 2010. [read post]
3 Apr 2016, 7:52 pm
The most relevant trade mark that they own is trade mark registration number 91/3863 KNIGHTS registered from 30 October 1990 covering alcoholic beverages. [read post]
27 Jan 2014, 6:56 am
It offers its services under the registered mark SHAPES BROW BAR. [read post]
21 Feb 2013, 4:08 am
There was thus some conceptual similarity between the marks. [read post]
8 Sep 2014, 3:14 am
But even sophisticated customers may be confused by very similar marks. [read post]
6 Feb 2017, 6:08 am
The Board found that neither mark had acquired distinctiveness, and so the only issue was whether petitioner used the mark first. [read post]
26 Oct 2018, 6:40 am
The Board granted a petition for cancellation of a registration for the mark CARDIO TONE, finding the mark likely to cause confusion with the registered mark CARDITONE, both for nutritional supplements. [read post]
15 Dec 2023, 7:17 am
Comparing the Marks: The Board found the marks to be more dissimilar than similar in appearance and sound. [read post]
29 Jan 2016, 3:43 am
The possibility of revocation for non-use after five years is a separate "use it or lose it" provision clearly giving a trade mark owner reasonable time to expand the use of the mark across the scope of the registration, and giving third parties an opportunity to remove unused marks from the register. [read post]
31 May 2023, 2:55 am
Joshua George Savoy, Oppositions Nos. 91252440 and 91255819 [Opposition to registration of the mark shown below left for various clothing items, including footwear, in view of the registered mark shown below center, and the common law mark shown below right, for footwear., and "counter-opposition" to registration of the third mark.] [read post]
23 Mar 2023, 3:48 am
" Comparing the marks, and noting the applicable disclaimers, the Board found WALDO to be the dominant element in both marks. [read post]
3 Oct 2023, 4:00 am
Srinivasa Rao Gubbala, Opposition No. 91255288 [Opposition to registration of the mark shown below left, for various clothing items, in view of the registered mark shown below right, for overlapping clothing items.] [read post]
23 May 2017, 6:01 am
A blatant trade mark infringement… or not? [read post]
2 Oct 2018, 8:55 am
" The stylized mark application states that the non-Latin characters in the mark transliterate to GÁMOS, which means "wedding, matrimony or marriage. [read post]
20 Jan 2021, 11:38 am
Although “the t-shirts, tote bags, and other products bearing the LTTB mark would still function as t- shirts and tote bags without the mark” and use of the mark doesn’t alter the cost structure of production or add to the [physical] quality of the products, but the question of aesthetic functionality is whether the marks “perform some function such that the exclusive use of the marks would put competitors at a significant… [read post]
1 Dec 2014, 2:58 am
Volvo argued that "consumers who come across the ‘invented trade mark’ LOVOL will be intrigued by that new trade mark for cars, especially since the number of car manufacturers is relatively limited. ... consumers will ask themselves whether that new trade mark for cars has any connection with a very old and highly reputed trade mark for cars and will then be led to associate it with the trade mark VOLVO... [read post]
1 Aug 2018, 6:31 am
We find that this is bona fide use of the mark in the ordinary course of trade, and not merely to reserve a right in the mark.Tacking: Applicant claimed that it was entitled to priority by tacking on its SNACKEEZ DUO mark to its registered SNACKEEZ mark. [read post]
22 Aug 2024, 3:26 am
Other marks included a design element. [read post]
13 Jul 2023, 5:13 am
" The marks are identical, but how strong is the registered mark? [read post]
