商標

USPTO

Prove Distinctiveness of its Common Law Mark – 2

Factors to be considered in determining whether acquired distinctiveness has been established include whether there is a...
USPTO

Prove Distinctiveness of its Common Law Mark – 1

In sum, we find that Opposer’s evidence of use of PCS prior to Applicant’s December 13, 2018, constructive date of first...
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...
オーストラリア

Presentations and descriptions of scent trade marks

The applicant must include a precise and accurate description of the scent that will be entered as an endorsement of the...
香港

Alteration of registered trade marks

The alteration must not substantially affect the identity of the trade mark. What is meant by the identity of the mark a...
UKIPO

Post-Sale Confusion is Relevant for Establishing Trade Mark Infringement

None of the CJEU authorities support the proposition that actionable infringement should be limited to post-sale confusi...
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...