商標の類否

USPTO

“THE BATHING BEAUTIES” is nearly identical to “BATHING BEAUTY”

The addition of the term “THE” and the plural of BEAUTY as “BEAUTIES” is not enough to distinguish the marks. The marks ...
USPTO

DANKEES Confusable with YANKEES for Clothing

Applicant’s mark is DANKEES and Opposer’s mark is YANKEES. Applicant’s mark is in standard character format, not limited...
USPTO

Is BUFFALO CITY for Alcoholic Beverages Confusable with BUFFALO TRACE for Bourbon?

Overall, a net 30.5 percent of respondents are likely to be confused and believe that Buffalo City is from the same comp...
USPTO

“Squirt-style lineup” survey

Petitioner’s expert, Sarah Butler, conducted as “Squirt-style lineup” survey of 401 relevant consumers. The survey popul...
EUIPO

Just saying ‘it’s B’ doesn’t make it the same B! – 1

Indeed, the descriptive, non-distinctive or weakly distinctive elements of a complex trade mark generally have less weig...
USPTO

TTAB finds Unamimous Podcast and UNAMIMOUS GAMES similar

The stylized microphone seems to us to highlight only that Applicant’s service is a podcast, which involves audio (and s...
WIPO

Is a domain name consisting of the complainant’s mark plus a third-party trademark confusingly similar to the complainant’s trademark?

Where the complainant’s trademark is recognizable within the disputed domain name, the addition of other third-party mar...
USPTO

The first Dupont factor weighs in favor of likelihood of confusion

The oval design feature of Applicant’s mark that surrounds the word DSU and frames it, forming a background, does not di...
USPTO

TTAB Finds VITAWHEY Confusable with VITAWAYS for Dietary and Nutritional Supplements

In assessing the marks, we compare their “appearance, sound, connotation and commercial impression.” Refusal is appropri...
EUIPO

How do weak distinctive elements sound together?

It is well-established case-law that the greater or lesser degree of distinctiveness of the elements common to the mark ...