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25 Jun 2013, 3:23 am
Applicant Craigslist pointed to several third-party registrations for mark comprising the peace symbol, but in each case the mark included other distinctive elements. [read post]
1 Oct 2020, 3:11 am
Marke Enterprises, LLC, Opposition Nos. 91214779 and 91215509 [Opposition to registration of VAGISERT, in standard character and design form, for "Vaginal antifungal preparations," in view of the registered marks VAGISIL and VAGISTAT for feminine-health products, including vaginal medicated creams]. [read post]
28 Dec 2012, 4:13 am
Some say that one may predict the outcome of a Section 2(d) likelihood-of-confusion appeal just by looking at the marks and the goods or services involved. [read post]
30 Sep 2015, 3:25 am
The Board affirmed a Section 2(e)(1) refusal to register the mark SMART SERIES, finding the mark to be merely descriptive of "metal safes specifically designed to store firearms. [read post]
23 Sep 2021, 3:16 am
" Applicant pointed to six third-party registrations for the mark PARMA for various goods and services, as well as its own EU registration for the proposed mark. [read post]
25 Oct 2021, 4:25 am
Bergsman).Under Section 2(a), a mark must be refused registration as deceptive if:(1) it consists of or comprises a term that misdescribes the character, quality, function, composition, or use of the goods;(2) prospective purchasers are likely to believe that the misdescription actually describes the goods; and(3) the misdescription is likely to affect the purchasing decision of a significant or substantial portion of relevant consumers.Furthermore, a mark may be deceptive even if… [read post]
21 Jan 2014, 10:59 am
This Kat notes that Hyundai is not the only trade mark to induce anxiety or error with regard to its pronunciation. [read post]
15 Feb 2017, 7:33 am
The evidence of record is consistent with modest ongoing commercial activity under the mark. [read post]
3 Jan 2022, 3:36 am
The Board sustained this opposition to registration of the mark ALZHEIMER'S NEW JERSEY WALK TO FIGHT ALZHEIMER'S & Design on the ground of likelihood of confusion with the common law mark WALK TO END ALZHEIMER'S & Design, both marks for charitable fundraising services. [read post]
18 Aug 2014, 2:34 am
[Refusal to register the mark REY DEL MAR and Design, shown below, for "Abalones; Ark-shells; Lobsters; Oysters" [The English translation of REY DEL MAR is KING OF THE SEA], in view of the registered mark KING OF THE SEA for seafood]. [read post]
4 Sep 2014, 3:25 am
I once heard a TTAB judge state that the outcome of most Section 2(d) likelihood of confusion cases can be predicted just by looking at the marks and the identified goods or services, without more. [read post]
20 Oct 2022, 4:32 am
Rejecting applicant's feeble assertion that the addition of the term 3D distinguishes the marks, the Board found the marks to be similar in sound and appearance and very similar in connotation and commercial impression. [read post]
11 Jul 2017, 3:03 am
The USPTO refused registration of the mark IVE for "protective work gloves," finding it likely to cause confusion with the registered mark EB & IVE for various clothing items. [read post]
19 May 2015, 2:43 am
Waiwera LLC applied to register the mark GINGERELLA for "vodka, gin, rum," but the USPTO refused registration under Section 2(d) in view of the identical mark for "Non-alcoholic ginger based carbonated soft drinks. [read post]
5 Nov 2012, 3:09 am
" It agreed with Examining Attorney Laurie Mayes that the mark is likely to cause confusion with the registered mark BUTTERFLY FX for "business consulting services featuring professional consultations and business planning. [read post]
27 Feb 2018, 2:51 am
March 8, 2018 - 11 AM: In re Dead Bird Brewing, LLC, Serial Nos. 87140389 and 87140417 [Section 2(d) refusals to register the mark DEAD BIRD BREWING COMPANY (standard characters) [BREWING COMPANY disclaimed] and the logo shown below, for beer, in view of the registered mark DEADBIRD for wines].March 15, 2018 - 10 AM: In re Society of Health and Physical Educators, Serial No. 87107590 [Phantom mark refusal of SHAPE XXXX for educational journals, educational services,… [read post]
24 Jan 2025, 4:19 am
A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal about 95% of the time just by looking at the marks and the goods/services. [read post]
31 Oct 2019, 2:54 am
The Board affirmed a refusal to register the mark SE VENDE FOR SALE AMERICA for "marketing consulting" [AMERICA disclaimed], finding the mark to be primarily geographically descriptive of the goods under Section 2(e)(2). [read post]
17 May 2022, 5:08 am
The USPTO refused registration of the proposed mark DIGITAL VISUAL OBSERVER for software and hardware for managing, controlling, and tracking drones, including collision avoidance and object detection, finding the mark merely descriptive of the goods and services. [read post]
22 Sep 2014, 9:36 pm
Mark Rine used to work with some of them, and he wasn't surprised. [read post]
