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13 May 2019, 2:28 am
In particular, it considered that the two marks would be similar since they shared the same element “SPA” and that the repute of the “SPA” trade mark in Brussels for mineral and aerated waters had been proven.Furthermore, the public would establish a ‘link’ between the two signs because of:the element “SPA”, which is a distinctive component in the trade mark applied for: the name ‘VICHY’ has little distinctive… [read post]
15 Nov 2013, 10:08 am
Practice Tip #2: This complaint highlights the difference between the "®" mark and the "™" mark. [read post]
13 Nov 2024, 4:26 am
" A service mark specimen consisting of advertising or promotional materials generally must show a “direct association” between the mark and the services for which registration is sought. *** While the exact nature of the services does not need to be specified in the specimen, there must be something which creates in the mind of the purchaser an association between the mark and the services that have been recited in the application. *** A specimen that… [read post]
8 May 2014, 3:45 am
Since the marks were similar and their respective goods identical, likelihood of confusion was the result. [read post]
30 May 2023, 12:00 am
The battle on cheese trade marks There are previous decision by EU courts relating to cheese and trade marks. [read post]
28 Sep 2013, 11:33 pm
This Kat asks: is Mo Pho infringing Pho Holdings Ltd's trade marks? [read post]
11 Feb 2014, 5:59 am
Clear Choice Holdings LLC, Appeal No. 14-1071 (Opposition No. 91190485, August 26, 2013) [The Board sustained this Section 2(d) opposition to registration of the mark REAL CHOICE, finding confusion likely with the registered mark CLEARCHOICE DENTAL IMPLANTS, both for dental implant services [DENTAL IMPLANTS disclaimed in the registered mark]. [read post]
14 Feb 2017, 12:15 pm
For position marks, visual means (i.e. broken lines) must indicate the disclaimed part and for pattern marks, the pattern must be reproduced repetitively, so for both types of marks, the description of the sign is kept as a complement to delimit the scope of protection. [read post]
20 Jul 2015, 2:51 am
Ownership of a mark is an element of every Section 2(d) claim. [read post]
18 Feb 2025, 3:16 am
The Composite Mark: Applicant also sought to register the word-plus-design mark shown above, for the same services. [read post]
7 Apr 2020, 3:52 am
The extra X in applicant's mark is not likely to be noticed by consumers. [read post]
26 Oct 2019, 5:18 am
He asked our opinion about the possible outcomes of the application.Some sort of three-step assessment was developed in the context of discussion with the audience in order to prove the use of multimedia trade marks as such: 1) the use of the trade mark; 2) the use as a trade mark; 3) the perception of the sign by the public as a trade mark. [read post]
14 Mar 2019, 3:09 am
The Board sustained a Section 2(d) opposition to registration of the mark GNARLY MARLEY'S for various clothing items and for retail clothing and gift store services, finding the mark likely to cause confusion with the registered mark BOB MARLEY and the common law mark MARLEY for clothing and ornamental patches. [read post]
27 Oct 2023, 4:01 am
Monster claimed likelihood of confusion with its Claw Icon mark for clothing. [read post]
31 Oct 2013, 3:40 am
Applicant, appearing pro se, neither submitted evidence nor filed a brief.As to the marks, the Board noted the disclaimer of DOMAINE (meaning "estate") and the large size of the word PINNACLE in applicant's mark, leading it to concluded that the word PINNACLE is the dominant term in the applied-for mark. [read post]
7 Dec 2017, 3:15 am
The Board agreed that the marks must be viewed in their entireties. [read post]
31 Mar 2021, 4:17 am
The Board acknowledged that the word PAY at the trailing end of ZT's mark somewhat distinguishes the marks visually and aurally. [read post]
13 Dec 2016, 3:29 am
" In other words, the question is whether the evidence of JobDiva's use of its marks "sufficiently creates in the minds of purchasers an association between the mark[s] and [JobDiva's personnel placement and recruitment] services. [read post]
26 Jun 2019, 3:26 am
Their descriptions of the mark varied and the lack of clarity regarding the mark undermined the persuasiveness of the declarations. [read post]
24 Jul 2020, 4:37 am
However, there were no third-party uses of similar marks that would weaken the JEAN LEON mark.Similarity of the Marks: Noting that applicant's mark encompasses opposer's mark in its entirety, the Board found the involved marks to be more similar than dissimilar in sound, appearance, connotation and commercial impression.Bad Faith: The Board rejected opposer's assertion that applicant had proceeded in bad faith in filing its application to… [read post]
