異議申立

EUIPO

Visually and conceptually similar to a below-average degree – 2

Despite a previous Board decision stating that the term ‘cloud’ is not necessarily understood by all relevant consumers ...
EUIPO

Visually and conceptually similar to a below-average degree – 1

Although the verbal element forming the earlier mark is included at the beginning of the contested mark, or in a positio...
EUIPO

“Diamond” is unlikely to be universally perceived as a laudatory element

Assessment of the similarity between two marks means more than taking into consideration just one component of a composi...
USPTO

Is KARMA KRACKERS for Crackers Confusable with KARMA for Nuts?

The words KARMA KRACKERS are featured prominently in the center of the mark. Applicant’s composite mark emphasizes the w...
USPTO

Establishing entitlement to a statutory cause of action for opposition claims

Demonstrating a real interest in opposing registration of a mark satisfies the zone of-interests requirement, and demons...
USPTO

MAIN ESTEEM Not Confusable with MANE ‘N TAIL

Disclaimed matter that is descriptive or generic of a party’s goods or services is typically less significant or less do...
USPTO

Genericness Opposition to MLD FAMILY for Metachromatic Leukodystrophy (MLD) Advocacy

To show that a mark has acquired distinctiveness, an applicant must demonstrate that the relevant public understands the...
USPTO

Is “TASTE THE POETRY” for Vodka Confusable with “POETRY” for Wine?

Entitlement to a statutory cause of action is an element of the plaintiff’s case in every inter partes proceeding. Oppos...
USPTO

MOSAIC Opposer Fails to Prove Relatedness Between Vocational Training and its Entertainment Website

Trademark owner cannot by the normal expansion of its business extend the use or registration of its mark to distinctly ...
EUIPO

Non-hypothetical future risk of undue profit from the reputation of the ‘GAP’ brand – 5

The absence of any intent on the part of the proprietor of the contested sign to free-ride, even if established, is not ...