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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]
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]
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]
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]
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]
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]
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 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]
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]
27 Oct 2023, 4:01 am
Monster claimed likelihood of confusion with its Claw Icon mark for clothing. [read post]
16 Jan 2019, 3:14 am
One of its briefings concerns trade marks and designs. [read post]
11 Apr 2014, 10:05 am
It makes no use of the mark for 12 years. [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]
17 Feb 2023, 4:09 am
The proposed color mark is generic, and cannot serve as a source-indicator. [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]
23 Mar 2022, 4:26 am
The goods overlap, but what about the marks? [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]
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]
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]
