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21 Oct 2019, 3:21 am
[Section 2(d) refusal of the mark TABOO for "Alcoholic beverages, except beer; Sparkling wines; Vodka; Wine" in view of the registered marks TABU for "Spirituous beverages" and HANDSOME DEVIL TABOO for "Alcoholic beverages, except beer" [Applicant asserted that the cited mark TABU is used only for absinthe and that sophisticated purchasers would be able to distinguish the marks]].Read comments and post your comment here.TTABlog… [read post]
21 Oct 2024, 3:32 am
Pitfalls to Avoid in Seeking Mark Registration Concerning Establishing Mark Use or an Intent To Use. [read post]
31 Oct 2014, 3:13 am
[Refusal to register the mark LEONESSA for wine, in view of the registered mark LEONESS CELLARS (Stylized) for "bottles of wine, namely, wine sold in bottles" [CELLARS disclaimed]].In re DNA Consulting LLC, Serial No. 85574196 (October 27, 2014) [not precedential]. [read post]
22 Jan 2015, 3:18 am
The later mark should not differ materially from the earlier mark to be tacked. [read post]
11 Apr 2014, 3:02 am
But that was a nonsequitur because the phrase was not functioning as a mark at all. [read post]
6 Jan 2022, 10:25 am
You can learn more about Jan here.Becky KnottBecky is a Chartered Trade Mark Attorney and Trade Mark Attorney Litigator. [read post]
11 Jul 2024, 3:41 am
Greenbaum) [Section 2(d) refusal to register the mark shown below left, for baked goods [BAKERIES disclaimed], in view of the registered marks MRS. [read post]
1 Jun 2018, 2:49 am
The USPTO refused registration of the mark OXZGEN for "[n]on-metal dosing caps for bottles; non-metal dispensing caps for containers," on the ground that applicant's specimens of use (below) failed to show the mark in use with the identified goods. [read post]
12 May 2016, 3:10 am
The USPTO refused registration of the mark DIGITAL BOOTH for "metal phone booths. [read post]
11 Jan 2024, 7:59 am
The sentence originally read as follows: Section 14 lists numerous bases on which a third party may seek Board cancellation of a registered mark, including likelihood of confusion, abandonment, dilution, deceptiveness, and if the mark is merely descriptive or has become generic or functional. [read post]
25 Feb 2014, 3:32 am
Examining Attorney Doritt Carroll refused registration of the mark BLUE IS THE NEW GREEN for "trade association services, namely, promoting the interests of Pennsylvania independent oil and natural gas producers, marketers, service companies and related businesses," finding the mark likely to cause confusion with the identical mark, registered for "motor oils; lubricants for motor vehicles." [read post]
1 Mar 2017, 3:14 am
Supposedly one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods. [read post]
19 Nov 2018, 4:17 am
It has been said that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services. [read post]
14 Jul 2022, 4:08 am
Wellington) [Section 2(d) refusal of JUST GYDDIUP for "hats; shirts" in view of the registered mark GiddyUp Boots (in standard characters) and the word-plus-design mark shown below, for "boots" [BOOTS disclaimed]. [read post]
29 Jul 2016, 4:01 am
Eaves, Cancellation No. 92055242 [Petition to cancel a registration for the mark CHICAGO STAGEHAND, in standard character form, for "employment Staffing in the field of labor and technical support in live corporate, concert and special events," on the ground of likelihood of confusion with the prior-used mark CHICAGO STAGEHANDS for union and staffing services in the live-event and production industry services in the live-event and production industry].August 24, 2016 - 10… [read post]
30 Jul 2016, 3:09 am
Eaves, Cancellation No. 92055242 [Petition to cancel a registration for the mark CHICAGO STAGEHAND, in standard character form, for "employment Staffing in the field of labor and technical support in live corporate, concert and special events," on the ground of likelihood of confusion with the prior-used mark CHICAGO STAGEHANDS for union and staffing services in the live-event and production industry services in the live-event and production industry].August 24, 2016 - 10… [read post]
18 Jan 2019, 3:23 am
Hightower) [Section 2(d) refusal to register the mark KICKSMART & Design for "retail convenience store services" in view of the registered mark KICKS for the identical services].Read comments and post your comment here.TTABlog comment: How did you do? [read post]
25 Mar 2014, 3:11 am
[Refusal to register the mark shown below left, for "entertainment in the nature of basketball games," in view of the registered mark shown below right, for "entertainment in the nature of circleball games" [CIRCLEBALL disclaimed]]. [read post]
10 Jul 2015, 3:05 am
[Refusal of the mark LEON HUGHES’ COASTERS for "Live performances by a musical group," in view of the registered mark THE COASTERS for "entertainment services in the nature of a musical group"].In re Korn Ferry Leadership Consulting Corporation, Serial No. 85932617 (July 6, 2015) [not precedential]. [read post]
17 Nov 2017, 2:51 am
You may recall that a TTAB judge once remarked that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services. [read post]