USPTO Ninth Circuit Vacates BAD SPANIELS Injunction Based on Dilution by Tarnishment
“A parody must convey two simultaneous—and contradictory—messages: that it is the original, but also that it is not the ...
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USPTO TTAB Reverses Specimen Refusal, Finding Webpage Sufficient for Pet Food Products
To constitute a display associated with the goods, a specimen must show use of the mark directly associated with the goo...
USPTO TTAB Sustains Nike’s Opposition to GOT EM KICKS for Consignment Stores for Retro Sneakers and Clothing
Recall that Applicant seeks to register its mark for “retail consignment stores featuring retro sneakers and clothing.” ...
USPTO TTAB Upholds Section 2(e)(5) Functionality Refusal of Office Chair Wheel Configuration
Our determination of functionality is generally guided by the analysis first applied in In re Morton-Norwich Prods., Inc...
USPTO The lack of evidence of actual confusion
Applicant asserts that this factor favors it because there is no evidence of actual confusion. We note first that “ack o...
USPTO SERVICE WEST is Primarily Geographically Descriptive of Furniture Repair, Maintenance, and Transportation Services
Applicant’s own words prove that “WEST” is primarily a geographic term. On its website, Applicant states, “Service West ...
USPTO Are LA & Design and LAV (Stylized) Confusable for Drinking Glasses?
The nature of stylized letter marks or composite marks with stylized lettering is that they are both visual and oral ind...
USPTO Rejecting Incongruity Claim, TTAB Finds EGGBAR to be Merely Descriptive of Restaurant Services
If each word instead retains its merely descriptive significance in relation to the goods, the combination results in a ...
USPTO Is BLANCO (Stylized) Confusable with BLANCO LABEL for Clothing?
The test, under the first DuPont factor, is not whether the marks can be distinguished when subjected to a side-by-side ...
USPTO BALLETCOLLECTIVE is a generic term for entertainment services in the nature of dance and ballet performances
To the extent that Applicant relies on its own particular use of the proposed mark with the first letter in the componen...