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5 Sep 2019, 11:47 am
Thus, the marks are confusingly similar. [read post]
9 Dec 2014, 3:50 am
In the event it was the latter who prevailed.Turning to s 43(1) of the Lanham Act, Neil showed how far it protects unregistered marks and trade dress, sending out a message that trade marks are liked, plaintiffs are welcomed -- with just one downside: it doesn't offer any opportunities for injured consumers to sue [citing the recent Neil-Jeremy Katpost on the consumer protection of trade marks, here]. [read post]
11 Feb 2020, 4:09 am
Yeley submitted a declaration explaining how the mark J. [read post]
30 May 2017, 2:58 am
" The Board had found that respondent's mark was not likely to cause confusion with petitioner's registered mark INSIGNIA for wines. [read post]
3 May 2023, 1:06 am
Briefly, a mark will not be registered in the US if the mark as filed just won’t indicate origin (even if in another context it might). [read post]
16 Jul 2019, 2:37 am
Showing only the mark with no reference to, or association with, the services does not show service mark usage. [read post]
15 Apr 2024, 4:07 am
" The Board concluded that SAGE CENTRAL "is less conceptually strong than an arbitrary mark. but suggestive marks are inherently distinctive and entitled to protection. [read post]
31 May 2019, 4:23 am
June 4, 2019 - 1 PM: In re Christine Schiefer, Serial No. 87737157 [Refusal to register the mark shown immediately below, for "On-line retail store featuring apparel, glassware, stoneware and accessory items for the consumption of alcoholic beverages," on the ground that applicant's specimens of use fail to show the applied-for mark used as a service mark for the recited services]. [read post]
20 Aug 2013, 11:09 am
But is the use of such prominent marks as “iPhone” and ‘iPad” in this context simply evidence that these marks have acquired status as a well-known mark? [read post]
28 Mar 2013, 2:30 pm
The Apple US marks were registered on the basis of evidence of use since 2006. [read post]
21 Oct 2020, 2:42 am
In some of the registered marks, the word CITRUS is used descriptively. [read post]
23 Feb 2017, 10:43 am
This case illustrates how non-use of a trade mark can attract loss of registration rights. [read post]
28 Mar 2018, 3:27 am
" However, the Board reversed refusals to register two design forms of the mark, shown below, finding that these two marks had acquired distinctiveness, but requiring a disclaimer of the word "SERIAL" in each mark. [read post]
30 Apr 2019, 3:24 am
Light Shine Media Group, LLC, Cancellation No. 92061045 [Petition to cancel a registration for the mark GOODLIVING for "General feature magazines" on the ground of likelihood of confusion with petitioner's common law rights in the mark GOOD LIVING for, inter alia, on-line non-downloadable general feature magazines]. [read post]
TTAB Finds KOTA JAPAN Primarily Geographically Deceptively Misdescriptive for Knife Sharpening Tools
18 Jun 2020, 3:22 am
Applicant contended that the distinctive term KOTA (having no known meaning on the record) is the dominant element of the mark and therefore the mark as a whole does not violate Section 2(e)(3). [read post]
4 Feb 2014, 2:11 am
Nor was there any taking advantage of the Intra-Presse mark. [read post]
18 Oct 2022, 3:45 am
The Marks: Applicant argued that the word VIVA dominates its mark and makes the marks different in sound and appearance. [read post]
9 Apr 2014, 2:08 am
However, for purposes of a likelihood of confusion analysis, the mark can be considered descriptive.The mark PERKSCARD is likewise descriptive because it describes a card used to obtain perks or benefits.Given the weakness of the term "perks" in Petitioner's marks, the Board concluded that Respondent's mark PERKSPOT is sufficiently different from the marks PERKS and PERKSCARD to avoid a likelihood of confusion. [read post]
6 Jun 2017, 2:59 am
This factor slightly favored opposer.The Marks: The Board found LUSH to be the dominant portion of applicant's mark, noting that the first part of a mark is the portion most likely to be remembered. [read post]
26 Dec 2023, 3:47 am
The record showed that the applicant registered the mark DENT-X for goods including “x-ray machines” more than a decade before filing its application for the ROLL-X mark. [read post]