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Precedential No. 29: After an Exhausting 2(d) Analysis, TTAB Finds HME (Stylized) Confusable with KME for Building Products

The TTABlog

OCTOBER 10, 2023

The Board found opposer's mark to be "inherently distinctive and conceptually strong, of average commercial strength." And the parties’ market interface weighed slightly in favor of opposer "to the extent the parties acknowledged a need for Applicant to choose a non-confusingly similar mark."

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Marketing Marketing Ownership Registration

TM co-owner can't challenge uses authorized by other co-owners (bonus Lexmark reasoning)

43(B)log

OCTOBER 24, 2023

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.

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Intellectual Property Pulse

Precedential No. 29: After an Exhausting 2(d) Analysis, TTAB Finds HME (Stylized) Confusable with KME for Building Products

TM co-owner can't challenge uses authorized by other co-owners (bonus Lexmark reasoning)

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