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21 Feb 2013, 2:49 am
For example, Section 11(1) of the UK's Trade Marks Act 1994 provides: "A registered trade mark is not infringed by the use of another registered trade mark in relation to goods or services for which the latter is registered" No equivalent provision exists in the Community Trade Mark Regulation. [read post]
6 Aug 2019, 4:08 pm
The court determined that the PC word mark has significant acquired distinctiveness, although somewhat less than that of the PC script mark, and the acquired distinctiveness of the PC Marks, the length of time the marks have been in use and the similarity in the parties’ goods and customers favour Loblaws. [read post]
6 Aug 2019, 4:08 pm
The court determined that the PC word mark has significant acquired distinctiveness, although somewhat less than that of the PC script mark, and the acquired distinctiveness of the PC Marks, the length of time the marks have been in use and the similarity in the parties’ goods and customers favour Loblaws. [read post]
2 Mar 2023, 4:39 am
A TTAB judge once told me that you can predict the outcome of a Section 2(d) case 95% of the time by just looking at the goods/services and the marks. [read post]
8 Feb 2011, 2:45 am
It also maintained that Examining Attorney David C. [read post]
10 Mar 2021, 8:32 am
Section 1057(c) because of the registration of the Stethoscope Mark in 2006," the priority of which may be tacked onto the standard character mark. [read post]
30 Mar 2022, 3:17 am
" [See Lanham Act Section 18: "no final judgment shall be entered in favor of an applicant under section 1051(b) of this title before the mark is registered, if such applicant cannot prevail without establishing constructive use pursuant to section 1057(c) of this title. [read post]
6 Sep 2023, 3:23 am
Fraud: Nature's Sunshine alleged that Petitioner Thrive twice falsely stated that it was using its mark THRIVE on all of the goods in its registration, when it had used the mark only on some of the goods. [read post]
14 Nov 2013, 9:00 am
One of the opposing marks ... [read post]
6 Feb 2014, 7:09 am
Red Bull's attempt to invoke trade mark law to stop de Vries ran into difficulty, ostensibly because de Vries was actually using his own trade mark: on 14 July 1983 he had filed a word and image mark 'The Bulldog' for goods in Class 32 (alcohol-free drinks). [read post]
6 Jul 2021, 3:43 am
The Coca-Cola Company v.Meenaxi Enterprise, Inc., 2021 U.S.P.Q.2d 709 (T.T.A.B. 2021) [precedential] (Opinion by Judge Cynthia C. [read post]
19 Sep 2011, 6:30 pm
It was this invention that became the subject of an interference proceeding in 1871 between Twain and Henry C. [read post]
16 Aug 2012, 11:51 am
Leon, 468 U.S. at 922 n.23) (internal quotation mark omitted). [read post]
15 Sep 2021, 1:59 am
However, even this liberal reading of the reasoning it does not make sense because it fails to then draw on the conclusion on the similarity/identity of the goods in assessing the likelihood of confusion. [read post]
11 Dec 2017, 5:01 am
Bender Consulting Ltd. d/b/a Asian Pacific Beverages,Cancellation No. 92057132 (December 7, 2017) [precedential] (Opinion by Judge Cynthia C. [read post]
24 Jul 2019, 9:28 am
(c) Evaluation Stage: Looking at the differences between these two forms, has there been an alteration of the “distinctive character” of the form of the registered mark? [read post]
17 Nov 2023, 1:26 pm
The court also refused to call into question the USPTO’s “informational matter doctrine” — explaining that “[c]ontrary to GO’s position, nothing in the Lanham Act prohibits registration of a mark containing informational matter, so long as the mark also functions to identify a single commercial source. [read post]
15 Jan 2019, 3:15 am
" In re Pitney Bowes, Inc., 125 USPQ2d 1417 (TTAB 2018) [precedential] (Opinion by Judge Cynthia C. [read post]
27 Jun 2019, 2:26 am
In particular, it is the proprietor of the word marks BEAUTY BAY and BEAUTYBAY for goods and services in Classes 3 and 35 of the Nice Classification. [read post]
17 Jun 2019, 3:50 am
., No. 17 C 6081, Slip Op. [read post]
