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14 Aug 2013, 2:50 am by John L. Welch
Thus applicant's own advertising "extols specific utilitarian advantages of the applied-for design and is strong evidence that the matter sought to be registered is functional." [read post]
30 Apr 2018, 3:09 am
The Board affirmed a refusal to register the mark shown below, for "retail furniture stores," absent a disclaimer of "FURNITURE WAREHOUSE. [read post]
24 May 2019, 3:54 am
Deceptively misdescriptive marks may be registered on the Principal Register via Section 2(f), or on the Supplemental Register.Marks that are primarily geographically deceptively misdescriptive are treated under Section 2(e)(3) and are not eligible for registration via Section 2(f), unless the mark acquired distinctiveness before December 8, 1993, the effective date of the North American Free Trade Agreement Act (NAFTA). [read post]
16 Jul 2014, 2:55 am
The Board pointed out, however, that the first user is not entitled to register a generic term as a mark. [read post]
3 Jan 2024, 5:08 am
Section 2(d) - Likelihood of Confusion: Precedential No. 34: TTAB Dismisses Monster Energy's Section 2(d) Claim On Summary Judgment Due to DIssimilarity of Design Marks Precedential No. 29: After an Exhausting 2(d) Analysis, TTAB Finds HME (Stylized) Confusable with KME for Building Products Precedential No. 27: TTAB Renders Split Decision in Appeal From Section 2(d) Refusal of IMPACT for Various Healthcare Services Precedential No. 12: TTAB Hands Win to MLBPA and Aaron Judge In… [read post]
14 Jul 2023, 12:30 am by Anna Maria Stein
In general, emojis can be registered as a trade mark, as a design or be protected under copyright caw. [read post]
21 Jun 2020, 4:06 am
Despite a lengthy discussion of the CSA and the Farm Bills, the Board declined to reach the unlawful use refusal based on violation of the CSA.Read comments and post your comment here.TTABlogger comment: More bad trademark news for the cannabis industry.Text Copyright John L. [read post]
19 Sep 2016, 1:03 am
Ritscher also questions whether academics and judges adequately consider the overlap between design rights and other forms of IP protection (particularly trade marks and copyright). [read post]
14 Feb 2013, 8:00 am
, Disney joins in and claims its prior trade mark rights, copyrights, hoofed ruminant rights and goodness knows what else against both Western Wine Holdings and Cath Kidston. [read post]