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17 Apr 2020, 3:10 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 start by producing evidence of three consecutive years of nonuse of the mark, creating a prima facie case of abandonment. [read post]
21 Oct 2015, 2:41 am
Concurrent Use Applicant El Taco Grande applied to register the mark shown below left, for "fast-food restaurants and take-out restaurant services," naming Registrant I-20, owner of the mark shown below right for "restaurant services," as an excepted user. [read post]
28 Jul 2020, 3:37 am
Cir. 1987) (trade association may have standing to oppose a mark's registration without having proprietary rights).The Board found that Australian had contracted away its right to use and register its unregistered mark, [Australian had also agreed that Respondent could register and use the mark]. [read post]
14 Mar 2017, 4:01 am
The USPTO refused registration of the mark KRISMAS for, inter alia, retail store services featuring holiday merchandise and for entertainment services, finding the mark to be merely descriptive under Section 2(e)(1). [read post]
11 Jan 2013, 4:49 am
A claim that a mark is merely descriptive relates to the character of the mark at issue, while a claim that matter does not function as a mark is generally tied to the manner in which that matter is used.Moreover, Grape's motion to amend was filed in February 2012, fifteen months after its original counterclaim, after it served its pretrial disclosures (which date had been extended twice), and after ChaCha had filed its motion for summary judgment. [read post]
13 Apr 2015, 4:10 am
In re Pup Scouts, LLC, Serial No. 86048207 (April 2, 2015) [not precedential].The Board began by noting that the Section 2(d) analysis for a collective membership mark is somewhat different than that for a service mark because the former does not involve purchasers or users of goods and services. [read post]
20 May 2022, 3:09 am
” Applicant’s use of its mark is similar to the use prevalent among these third parties. [read post]
19 Jul 2023, 4:15 am
The involved services overlap, but what about the marks? [read post]
27 Jul 2017, 3:11 am
" Applicant pointed the slight alliteration in its mark, as well as on the color features of the proposed mark. [read post]
24 Sep 2015, 6:01 am
The marks are pretty close, aren't they? [read post]
16 Nov 2020, 3:31 am
The Board concluded that the record evidence failed to show that the proposed mark "is a common or familiar expression in such widespread use that it is inherently incapable of functioning as a mark. [read post]
19 Dec 2019, 2:55 am
Therefore the mark 19 CRIMES is merely descriptive of the goods and services.Applicant argued that, since its goods and services will relate to the individuals transported to Australia, the mark is suggestive because it does not immediately or directly describe any feature, characteristic, or quality of those goods and services. [read post]
18 Sep 2020, 3:45 am
They appear prominently as the first word in each mark. [read post]
17 Jan 2014, 7:53 am
OHIM and its Board of Appeal refused registration of these mark based on a lack of distinctiveness arguing inter alia that button and fabric strip would not fulfil the essential function of a trade mark to indicate trade origin. [read post]
5 Jul 2016, 3:12 am
The broken lines depicting the configuration of the goods indicate placement of the mark on the goods and are not part of the mark. [read post]
6 Nov 2020, 2:35 am
A TTAB judge once said to me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods or services. [read post]
22 Nov 2013, 4:07 am
Clear Choice Holdings LLC, Appeal No. 14-1071 (Opposition No. 91190485) [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]
28 Feb 2019, 3:06 am
March 27, 2019 - 11 AM: In re Telecom (CHINA) Ltd., Serial No. 87440925 [Section 2(d) of the mark DIRTY LAUNDRY for "Hooded sweatshirts; Jackets; Jeans; Pants; Shirts; Shorts; T-shirts" in light of two registrations for the identical mark, owned by different owners, for "footwear" and for "luggage"].March 28, 2019 - 2 PM: Triatomic Environmental, Inc. v. [read post]
22 May 2013, 2:47 am
[What is the test for determining whether a mark is "highly descriptive" rather than just descriptive? [read post]
11 Dec 2019, 4:18 am
Third-party uses of, and media references to, the phrase convinced the Board that INTELLIGENCE OF THINGS does not "perform the desired service mark function and does not fall withing the Act's definition of a service mark. [read post]
