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22 Jun 2012, 3:51 am
In any event, any doubt as to confusion must be resolved in favor of the senior user.And so the Board affirmed the refusal to register.TTABlog comment: Well, what do you think? [read post]
TTAB Finds Reverse Confusion Between KUTT CALHOUN and Supplementally-Registered CALHOUN for Clothing
14 May 2012, 3:36 am
" Neither the registration nor the application include any limitations on channels of trade, so these shirts presumably travel in the same normal channels to the usual classes of consumers.As to the marks, the Board first observed that when the goods are identical, a lesser degree of similarity between the marks is necessary to support a finding of likely confusion.Applicant argued that the dominant portion of his mark is KUTT, since CALHOUN is a well known… [read post]
19 Feb 2009, 4:15 am
Accordingly, the refusal is not well taken.The Board therefore reversed the not-well-taken refusal.TTABlog comment: Frequent appellate advocate Myron Amer brought this successful appeal. [read post]
28 Nov 2010, 3:22 pm
It works well on a camera tripod. [read post]
4 Jan 2017, 4:59 am
The Board concluded that Applicant LC failed to meet its burden of proving acquired distinctiveness, and so it affirmed the Section 2(e)(1) refusal.Read comments and post your comment here.TTABlog comment: Well well! [read post]
24 Feb 2016, 11:26 am
In addition, “the number of syllables present in each mark undoubtedly affects the tempo of the mark’s pronunciation, as well as the mark’s intonation, depending on the speaker, thereby altering the overall impression of the respective marks. [read post]
4 Aug 2009, 8:14 am
A new phenomenon, though, is that the death has resulted in a huge increase in illegal file sharing of Jackson's songs, as well as of legitimate sales.Matters are complicated by the fact that Jackson did not register the term THE KING OF POP and only registered the term MICHAEL JACKSON for sound recordings, videotapes and films involving music and entertainment.The IPKat notes that the same old problems keep coming up with merchandising. [read post]
1 Jun 2020, 3:07 am
The test for determining bad faith combines both a subjective element focusing on what the applicant knew, as well as an objective element, focusing on what ordinary persons, adopting proper standards, would think.The opponent’s allegation of bad faith was based on the claim that he was the first to come up with the idea of using “LENS ME” as a brand name, and that the applicant’s directors knew, or must have known, of the opponent’s mark and the… [read post]
13 Sep 2018, 2:57 am
Under that legal standard, we find that Applicant’s color mark which is not combined with a distinctive well-defined shape, pattern or other distinctive design is not inherently distinctive.Conclusion: Colors alone cannot be inherently distinctive. [read post]
4 Oct 2011, 5:38 pm
There can be other reasons as well. [read post]
6 Mar 2019, 1:14 am
’” Applicant responded that the mark indeed functions as a trademark because (1) “it is ‘distinctive and unique, and is not a well-known design,’” and (2) “‘consumers are familiar with the practices of the trade, in which a large version of a mark is frequently placed on a t-shirt as a source identifier. [read post]
8 Mar 2022, 1:14 pm
Particularly one that includes your (readily identifiable) name as well in a footnote? [read post]
29 Sep 2014, 3:14 am
" The Board concluded that the similarities in the marks outweigh their differences.Balancing the relevant duPont factors, the Board found confusion likely and it sustained opposer's Section 2(d) claim.Read comments and post your comment here;TTABlog note: It may not have been BeauTTAB, but all's well that ends well. [read post]
22 Feb 2019, 3:48 am
What is the well-recognized or suggestive meaning of "RIZ"? [read post]
9 Nov 2018, 12:00 pm
and didn’t show loss of sales, goodwill or ability to market that was caused by the false marking. [read post]
22 Dec 2022, 7:00 am
Christian Louboutin remains committed to protecting its creativity and know-how, as well as those of all brands in the fight against counterfeiting". [read post]
2 Aug 2022, 3:59 am
A deceptive sign is not eligible for trade mark registration. [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]
12 Jan 2016, 8:34 am
" She submitted seven website excerpts showing plush toys offered under marks that include the word MAGIC, as well as six third-party registrations for marks containing the word MAGIC for plush toys. [read post]
15 Oct 2013, 3:40 am
Me So Sure you did well! [read post]
