自他識別力

USPTO

TTAB Affirms Requirement to Disclaim DATA STREAMS for Database Management and Storage Services

There is no incongruity in using a term that describes a key feature or function of the services simply because the serv...
USPTO

TTAB Affirms Genericness Refusal of THE SKIN COACH

The record as a whole shows that the primary significance of the proposed mark THE SKIN COACH to the relevant purchasing...
EUIPO

Perceived merely as a decorative element for aesthetic or ornamental purposes

In the sectors of industrial hardware and machine operating and clamping components, mechanical transmission and bearing...
EUIPO

Understood as a slogan and in its promotional sense

It must be borne in mind that the relevant public does not expect promotional signs to be precise or to fully describe t...
USPTO

Restaurant Interior Designs: Distinctiveness Neither Inherent Nor Acquired – 3

The Proposed Marks satisfy the tests in both the second and third Seabrook factors, and accordingly they are not inheren...
USPTO

Restaurant Interior Designs: Distinctiveness Neither Inherent Nor Acquired – 2

As depicted in Applicant’s specimens and the descriptions of the marks, the Proposed Marks consists of trade dress compr...
USPTO

Restaurant Interior Designs: Distinctiveness Neither Inherent Nor Acquired – 1

We apply the four-part test set forth in the Federal Circuit’s decision in Seabrook to determine whether the trade dress...
USPTO

TTAB Upholds Surname Refusal of GOLIA for Candy

We do not follow a “strictly numerical approach” when considering the degree of consumer exposure to a term as a surname...
EUIPO

Registration must be refused provided at least one of its potential meanings is descriptive

As regards a mark composed of distinct elements, such as the mark in question, the distinctiveness of each element taken...
USPTO

TTAB Finds 8-Slice Pancake Configuration Mark De Jure Functional

The evidence shows that the product design embodied in the proposed mark is one a very few superior designs that can pro...