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21 Aug 2017, 5:46 am by Lindsey A. Zahn
In reviewing the identity of the marks, the Board found the marks to be identical, which weighed heavily in finding a likelihood of confusion. [read post]
24 Dec 2010, 3:23 am by SHG
Marks says he's not. [read post]
26 Feb 2007, 8:12 pm
The Board sustained an opposition to registration of the mark KRAUSE for "museum services" on the ground that Applicant Chet Krause had never used the mark for those services. [read post]
12 Jul 2009, 11:40 pm
"Centennial again relied on its double entendre argument to distinguish the marks, but the Board had discerned no double meaning and it concluded that the marks have similar connotations. [read post]
11 Dec 2014, 2:54 am
"(4) A trade mark shall not be registered if, or to the extent that, its use in the United Kingdom is liable to be prevented— (a) by virtue of any rule of law (in particular, the law of passing off) protecting an unregistered trade mark or other sign used in the course of trade, or … A person thus entitled to prevent the use of a trade mark is referred to in this Act as the proprietor of an 'earlier right' in relation to the trade mark.… [read post]
3 Apr 2017, 7:22 am by Rebecca Tushnet
” PLM argued that, through tacking, the priority date of PLM’s LA INDITA MICHOACANA mark should be advanced to the date that PLM first used any Indian Girl mark. [read post]
16 Jun 2015, 1:48 am by Jani
[a] mark does not affect his right to use it. [read post]
6 Mar 2015, 7:04 am
"As noted above, the Board found that applicant's mark is "distinctive, unique and creates a commercial impression separate and apart from the word mark JURASSIC ATTACK. [read post]
10 Jun 2020, 4:08 am
" Likewise, the TEEN TINK & Design mark is "more similar to than dissimilar from Opposer’s TINKER BELL mark in appearance, sound and connotation and, overall creates a similar commercial impression. [read post]
29 Feb 2016, 6:47 am
The addition of each party's house mark to these virtually identical marks used on identical goods does not necessarily eliminate confusion. [read post]
29 Jul 2013, 2:51 am by John L. Welch
Finally, the Board gave short shrift to opposer's assertion that the applied-for mark is likely to cause confusion with the common law mark PAUL. [read post]
8 Jan 2021, 3:49 am
Similarity of the Marks: The CAFC agreed with Appellee Weigel that the Board properly analyzed the marks. [read post]
3 Mar 2015, 5:15 pm by Lawrence B. Ebert
Rather, the mark must be actually used in conjunction with the services described in the applica- tion for the mark. [read post]
12 Jun 2013, 7:15 am by Sai Vinod
Section 29(6) gives an indicative list of circumstances of deemed use of mark; namely: affixing of the registered mark on goods or packaging;offer to sale or stock goods under the registered mark or offer or supply services under the registered mark;imports or exports goods under the registered mark; use the registered trade mark on business papers or in advertising.These circumstances suggest an ‘active’ use of the… [read post]
16 Jun 2014, 7:13 am
Mr Malynicz... submits that it is clear, to the acte clair standard, that lack of clarity or precision in the goods or services specified for a trade mark is not a ground of invalidity of a trade mark, once registered (as Total's trade mark has been); he says that IP Translator [on which see almost endless Katposts here] shows that it is only a ground for objection to registration of a trade mark. [read post]