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21 Apr 2023, 4:21 am
Once it was established that Respondent had not used its ULTRA SUN mark in commerce by the Critical Date, all of its activities directed to the ULTRA SUN mark and product(s) after that date were of no consequence. [read post]
21 Mar 2017, 4:58 am
It also claimed that the mark is used only at a single location (Kauffman Stadium, home of the Kansas City Royals, and thus not in interstate commerce), that Respondent abandoned the mark through uncontrolled licensing, used the mark illegally, and committed fraud on the USPTO. [read post]
11 Feb 2021, 4:58 am
The person or institution named by the mark is not connected with the activities performed by the applicant under the mark; and4. [read post]
31 Aug 2023, 3:43 am
" Color was not claimed as a feature of the mark. [read post]
26 Aug 2019, 2:51 am
Considering the marks in their entireties, the Board found them more dissimilar than similar.There was no doubt that the marks sound different. [read post]
27 Mar 2018, 8:19 am
If firms want the only mark, but settle for a few marks in non-overlapping goods and services, I'm hard pressed to see how allowing even more firms to use the same mark will help generate distinctiveness. [read post]
17 Feb 2023, 4:09 am
The proposed color mark is generic, and cannot serve as a source-indicator. [read post]
Precedential No. 12: Finding Clothing and Books Related, TTAB Sustains 2(d) Opposition to ENGIRLNEER
16 Mar 2020, 4:09 am
The Board found that opposer had established prior rights in the mark ENGIRLNEER,Likelihood of Confusion: Of course, since the involved marks are identical, a lesser degree of similarity between the goods/services is needed to support a finding of likely confusion. [read post]
5 Apr 2019, 7:05 am
Because the “mark uses ‘fur free’ in place of ‘faux’ to let consumers know that” the Applicant’s goods do not contain animal fur, she found that “[b]oth the individual components of Applicant’s mark, as well as the composite mark, describe Applicant’s goods. [read post]
13 Feb 2025, 3:47 am
Turning to the marks, the examining attorney maintained that the letters RTC are dominant in both marks. [read post]
11 Apr 2014, 10:05 am
It makes no use of the mark for 12 years. [read post]
15 May 2024, 2:15 am
Trade marks that merely describe the characteristics of a product, such as its ingredients or nature, generally lack distinctiveness and may not benefit of trade mark protection. [read post]
26 May 2016, 10:57 am
- Registered UK, Australian and Norwegian marks for his nameSo, how could United and Chelsea resolve the trade mark issue? [read post]
13 Apr 2020, 6:12 am
“Use” of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark.So a party wishing to prove abandonment must produce evidence of three consecutive years of nonuse of the mark in order to create a prima facie case of abandonment. [read post]
14 Sep 2023, 4:59 am
On its ESTTA cover sheet, opposer listed pending applications for all three marks, as well as common law rights in the mark STERLING COMPUTERS. [read post]
21 Feb 2024, 11:04 pm
Therefore, it would need some imagination to assume that such an open regulation of limitations would find its way into EU trade mark law.In sum: All eyes on the CJEU. [read post]
29 Oct 2018, 5:58 am
BTW: How did this mark get past the examining attorney? [read post]
8 Feb 2019, 4:06 am
”Finally, the Board noted that the alliterative use of the letter “C” as the first consonant in both terms of the CANNABIS CANNIBALS mark, “while not dispositive in and of itself, adds to the character of the mark. [read post]
26 Mar 2021, 7:41 am
"The Marks: The Board agreed with Examining Attorney Angela Duong that the word LOGGERHEAD is the dominant element of all of the marks. [read post]
30 Oct 2023, 3:52 am
Comparing the marks, the Board found DRYLANDS to be the dominant portion of applicants' mark, rejecting the argument that the design component of the mark, described as a “partial Zia symbol” (purportedly a recognized symbol of the State of New Mexico), would distinguish the marks. [read post]
