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USPTO

Mere Descriptiveness Refusal of “THE TRAVELING PAWTOGRAPHERS” for Pet Portrait Photography Services

Based on the evidence of record, we agree with the Examining Attorney that PAWTOGRAPHER refers to a pet photographer, an...
USPTO

BOSTON STRONG Fails to Function as a Service Mark for Volley Ball Entertainment

The third-party registrations for different marks are not relevant to whether the term BOSTON STRONG would be perceived ...
USPTO

CRYSTAL OF ATLAN Confusable with HEROES OF ATLAN for computer game software

Consumer confusion has been held likely for marks that do not sound or look alike but that convey the same idea, stimula...
USPTO

Is MAYELA Confusable with MAYA for Wine?

The MAYA and MAYELA marks are not identical, as MAYELA has the additional letters “EL” after the “MAY” and before the “A...
USPTO

Is “LEFT RIGHT MIDDLE” Confusable with “LEFT CENTER RIGHT & Design” for Dice Games?

We keep in mind that when a mark, or a portion of a mark, is conceptually weak, it is entitled to a narrow scope of prot...
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

Apple’s REALITY COMPOSER and REALITY CONVERTER Not Merely Descriptive of Developer Software

Although the term “Reality” is likely descriptive of augmented reality software to the consumers to whom Apple advertise...
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...