異議申立

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 ...
EUIPO

Non-hypothetical future risk of undue profit from the reputation of the ‘GAP’ brand – 4

Moreover, it claimed that the images of glamour, of a modern and relaxed style, conveyed by the earlier mark and the rep...
EUIPO

Non-hypothetical future risk of undue profit from the reputation of the ‘GAP’ brand – 3

The stronger that earlier mark’s distinctive character and reputation are, the easier it will be to accept that detrimen...
EUIPO

Non-hypothetical future risk of undue profit from the reputation of the ‘GAP’ brand – 2

As regards the concept of ‘taking unfair advantage of the distinctive character or the repute of the trade mark’, also r...