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22 Jan 2007, 6:13 pm
"As to the third-party uses and registrations, the Board noted that they cover "a broad array of goods, many of which are wholly unrelated, and, therefore, no conclusion can be drawn as to the realtionship between the goods in issue in this case. [read post]
12 Sep 2012, 4:30 am by Kaviraj Singh
If the infringing mark is identical and the goods covered by registration, the success in an action for infringement is almost certain unless the registration can be attacked on the ground of invalidity of registration or the defendant could established honest concurrent user, or acquiescence on the part of the registered proprietor, or prior user. [read post]
15 Feb 2013, 7:46 am
 This has been recognised in patent law, where the Peer-to-Patent project [extensively covered by this weblog here] has been piloted, trialled, tested and generally placed under a sceptical microscope and has emerged with some credit. [read post]
25 Jun 2018, 3:01 am
The Examining Attorney maintained that the goods in that registration (coffee, tea, chocolates, blinis, cakes, candy, caramels, mustard, vinegar, horseradish) were not sufficiently similar to the goods in the subject application to support the transfer of acquired distinctiveness.Applicant submitted 13 registrations covering cosmetics/soaps and at least some of the goods identified in the prior registration, as well as webpages from Crabtree & Evelyn showing that mark used on… [read post]
19 Jul 2017, 3:38 am
Accepting an agreement reached by the parties, the TTAB found that applicant Frasca Food and Wine (FFW) is entitled to a concurrent use registration for the mark FRASCA for bar and restaurant services, covering the entire United States except for the states of Illinois, Indiana, and Michigan. [read post]
2 Nov 2016, 12:11 pm by Tom Smith
An examination of her body reveals she had been in covered in bite marks. [read post]
20 Apr 2020, 1:46 am by Nedim Malovic
Consumers would be conscious that the sign refers to the famous comic books and its attractive powers and fashionable features are used to promote the marketing of the relevant goods.In view of the above, the Opposition Division considered it very likely that the use of the contested sign for all the contested goods in Class 28 would take unfair advantage of the reputation of the earlier trade mark and also the investment undertaken by the opponent to achieve that reputation.Having… [read post]
19 Aug 2011, 5:04 am by Jim Singer
Even smaller markets are in on the act, with Western Pennsylvania’s Beaver Brewing Company selling a 724 Pale Ale, corresponding to an area code covering certain Pittsburgh suburbs. [read post]
3 Jul 2019, 2:53 pm by Jon L. Gelman
“Today marks a monumental step on our path to a stronger and fairer New Jersey,” said Governor Murphy. [read post]
10 Sep 2013, 2:46 am by John L. Welch
[One registration, however, covered the word mark LOOPS for dental floss - ed.].There was no evidence of sale of the goods to the general public. [read post]
4 Sep 2019, 2:44 am
The Board's march through the du Pont factors left Applicant without a prayer of avoiding a conclusion of likelihood of confusion between Applicant's mark UHJ and Opposer's mark UNIVERSAL HOUSE OF JUSTICE, both for religious services. [read post]
25 Mar 2024, 3:58 am
Examining Attorney Lakeisha Lewis submitted some 30 website references each showing bakery goods and pizza sold under the same mark, along with some 50 registrations covering both type of products. [read post]
10 Jan 2021, 8:16 am by Anastasiia Kyrylenko
This year’s event focused on intellectual property for open innovation and digital transformation, and covered such topics as artificial intelligence, the internet of things, open data and open innovation. [read post]
28 Jan 2021, 3:19 am
The USPTO refused to register the proposed mark SUGAR BEACH for "Bathing suits; Beach cover-ups; Beachwear; Body suits; Bras; Dresses; Dresses for swimming; Jogging suits; Shirts; Swimwear; T-shirts; Tank-tops; Tops as clothing; all marketed and sold primarily to retail stores offering clothing and not cosmetics," finding confusion likely with the identical mark registered for "bath care and body care products, namely, bath gels, bath salts, body… [read post]
21 Jan 2015, 3:50 am
The USPTO refused registration of the mark MASQUERADE for "sparkling wines; wines," finding the mark confusingly similar to the registered mark MASCARADE for "mixed beverage containing alcohol and fruit juice. [read post]
27 Feb 2020, 2:49 am
("HCI") sought a concurrent use registration for the mark HANSCOMB CONSULTING & Design (shown below) for various business services, covering the entire United States except for two geographical areas (Hinsdale, Illinois and Los Angeles, California). [read post]
19 May 2023, 3:52 am
The Board found the term CLAIM WATCH to be the dominant element in the cited mark. [read post]
17 Sep 2024, 11:16 pm by Asude Sena Moya
The opposition was based on ss.5(2)(b) and 5(3) of the UK Trade Marks Act 1994, i.e., confusing similarity and the protection of marks with a reputation. [read post]