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28 Sep 2016, 6:03 am
"[A] mark becomes abandoned only when the mark loses all significance as an indication of origin in the mark holder, not merely because it may longer be viewed as indicating only the mark holder as a single source. [read post]
26 Jul 2024, 6:58 am
Redden relied solely on her use of SOLAR CONCIERGE mark for 12 years. [read post]
7 Dec 2021, 3:46 am
’” In sum, the word FASTING is descriptive of the identified goods, as are the other words in the proposed mark. [read post]
23 Jan 2024, 5:17 am
But the Board "properly considered both GO’s uses and third-party uses when assessing how the public would likely perceive the mark. [read post]
8 May 2013, 12:35 pm
IR designating the EC No 940490The Tribunale also declared Gucci Flora-related trade marks (national trade mark no 971291, and Community trade marks nn 4462735 and 5172218) invalid [incidentally this Kat has always loved the Flora print, which Gucci created for Grace Kelly during the 1960s]. [read post]
7 Feb 2022, 3:21 am
Appellant Hage-Boutros, appearing pro se, contended that the Board improperly dissected his mark instead of considering the involved marks in their entireties. [read post]
21 Jun 2022, 3:29 am
As to commercial strength, Pharmavite did not provide any evidence of use of similar marks for similar goods. [read post]
9 Feb 2013, 7:02 pm
Once the Mark sales office opened in August 2003, the plaintiff reported that all sales happened in Mark. [read post]
16 Jun 2021, 3:41 am
However, as long as the Board considers the mark as a whole, it may give more or less weight to a part of the mark. [read post]
24 Feb 2020, 1:23 pm
The “Royal Palm Properties” mark clearly “resembles” the “Royale Palms” marks—the spelling of the dominant words is nearly identical8—and the “Royale Palms” marks were registered several years before the “Royal Palm Properties” mark.8.Welcome to the author’s life. [read post]
20 Dec 2013, 4:40 am
And so the Board found that the applied-for mark does not operate as a double entendre. [read post]
30 Aug 2017, 2:43 am
Consequently, the cited mark "is not entitled to a broad scope of protection that will necessarily bar the registration of every mark comprising, in whole or in part, the expression BIG KAHUNA. [read post]
1 Jun 2022, 4:23 am
The Board concluded that the marks are "overall very similar. [read post]
4 Mar 2016, 2:59 am
However, the Board must evaluate the mark EARNHARDT COLLECTION as a whole. [read post]
14 Apr 2023, 4:02 am
That thought process is too complicated to detract from the inherent or conceptual strength of the mark. [read post]
19 Nov 2021, 7:45 am
” The Board found that applicant’s mark, at most, suggests a “fusion of cuisines. [read post]
22 Nov 2015, 6:32 am
The marks have been registered in OHIM, but not in the US (inter alia “ornamental refusal”) or in China (“the mark is likely to produce undesirable social consequence”!). [read post]
27 Nov 2013, 3:02 am
(Opposition No. 91192496) [The Board dismissed this opposition to registration of the mark SUN BRELLA'S for "living plants," finding the mark not likely to cause confusion with the registered mark SUNBRELLA for fabrics for indoor and outdoor furniture]. [read post]
17 Mar 2022, 12:47 pm
These rights are to be able to stop identical and confusingly similar marks. [read post]
3 Mar 2020, 12:12 am
Ultimately, distinctiveness of a trade mark is to be determined on the ability of the trade mark to allow the relevant public to distinguish the product in question from those of other undertakings. [read post]
