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22 Jan 2014, 3:02 am
Also some cases included a refusal of the mark over two different registered marks. [read post]
6 May 2024, 3:54 am
iFit opposed ERB's application to register the mark I-FIT FLEX for safety eyewear, claiming likely confusion with its registered mark IFIT for exercise equipment and related services. [read post]
23 Jul 2019, 3:00 am
The question, of course, was how the proposed mark would be perceived by the relevant public. [read post]
12 Jan 2016, 8:34 am
" Therefore, even if MAGIC is considered to be dominant in applicant's mark, it does not sufficiently distinguish the involved mark. [read post]
15 Oct 2013, 3:40 am by John L. Welch
Of course, when the services are identical, a lesser degree of similarity between the marks is necessary to support a finding of likely confusion.Opposer pointed out that the first parts of the marks, MESO and MISO, are "phonetically identical and visually very similar." [read post]
1 Jul 2016, 3:48 am
Uinta Brewing Company applied to register the mark DUO for beer, but the USPTO refused registration under Section 2(d) on the ground of likely confusion with the identical, registered mark DUO for wine. [read post]
9 Dec 2021, 4:00 am
" In any event, none of the three third-party marks is as close to registrant's mark as is applicant's mark. [read post]
14 Oct 2016, 3:22 am
Daniels's opposition to registration of the mark PROGENEALOGISTS under Section 2(f), finding that the mark lacked acquired distinctiveness. [read post]
25 Jun 2013, 8:56 am
 It claims that, as a result of its promotional activities, the mark has acquired substantial goodwill. [read post]
28 Dec 2015, 4:13 am
The parties agreed their “testimony will be presented by affidavit or declaration (and, of course, any exhibits referenced by the affiants or declarants).Abandonment: Petitioner asserted that respondent was no longer using the registered mark, but rather had been using the mark shown below:In support of its contentions, petitioner submitted several pages from respondent's website from 2010 to the present, on which the different mark, not the registered… [read post]
29 Mar 2019, 3:13 am
Sunpoint International Group USA Corp., Cancellation No. 92057294 [Petition for cancellation of a registration for the mark MAXVOLINE for "lubricants for automobiles" on the grounds of abandonment, nonuse, and likelihood of confusion with the conjointly used and registered marks VALVOLINE and MAXLIFE for lubricants].April 24, 2019 - 1 PM: In re Ocean Technology, Inc., Serial Nos. 87405201, 87405211, and 87405233 [Refusals to register the marks shown below for… [read post]
9 Sep 2021, 3:39 am
Petitioner Green insisted that respondent did not have a bona fide intent because it introduced "no documentary evidence to show any intention of [sic] plans for using its mark in the United States at the time of filing the OMNI BIOTIC mark. [read post]
11 Sep 2024, 4:13 am
According to the Board, the mark "conveys the impression of a person, not a product component, by combining the words 'Leather' and 'Man.'" It therefore found that “Leather” in Applicant’s mark is not deceptively misdescriptive, and the proposed mark, taken as a whole, is not deceptive under Section 2(a). [read post]
23 Sep 2020, 4:04 am
Moreover, its advertising makes frequent use of the "LG" mark adjacent the phrase DOOR-IN-DOOR, and so those expenditures prove little. [read post]
31 Jul 2018, 1:17 am by Jani Ihalainen
Cadbury challenged the registration, seeking to invalidate it, with the matter ending up with the CJEU 11 years later.The case revolves around Article 52(2) of the CTM Regulation, which allows for the registration of marks that have acquired distinctiveness through the use of the mark in conjunction with the goods or services. [read post]
17 Aug 2016, 2:53 am
" Applicant Tyson Foods argued that its customers are sophisticated and would distinguish between the source of goods distributed under a mark from the source of goods manufactured or produced under a mark. [read post]
31 Jul 2018, 1:17 am by Jani Ihalainen
Cadbury challenged the registration, seeking to invalidate it, with the matter ending up with the CJEU 11 years later.The case revolves around Article 52(2) of the CTM Regulation, which allows for the registration of marks that have acquired distinctiveness through the use of the mark in conjunction with the goods or services. [read post]
9 Dec 2014, 4:54 am
Both patent and trade mark will have unitary effect. [read post]