The TTABlog

MARCH 20, 2024

The USPTO refused to register the mark shown below left for, inter alia , footwear, finding confusion likely with the mark shown below right, for "shoes." Applicant Global Brand Partners asserted that "the marks are sufficiently different” to avoid a likelihood of confusion. What do you think? See Textron Inc.

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The TTABlog

FEBRUARY 8, 2024

The Board sustained eBay's opposition to registration of the mark shown first below, for advertising and payment processing services, finding confusion likely with the registered and well-known mark EBAY in standard character form and the stylized version shown second below, for legally identical services. Afrebay, Inc. Opposition No.

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Patent Trademark Blog

JANUARY 5, 2023

Has your trademark application received a Section 2(d) likelihood of confusion rejection? How you do you show no likelihood of confusion? Here is a checklist of what to consider if you want to argue crowded field: high number of registrations and allowed applications for similar marks; owned by different parties; and.

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Patent Trademark Blog

FEBRUARY 13, 2023

What are similar trademarks? Known as likelihood of confusion or a Section 2(d) refusal, this is one of the most common reasons why trademark applications get rejected. Likelihood of confusion is not the same as actual confusion. Why avoid trademark confusion in the first place?

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IPilogue

MARCH 21, 2023

What do a company in the business of mining and selling construction equipment, and an athletic-wear and sporting accessories brand, have in common? Caterpillar shortly opposed the application, asserting that, inter alia , the PROCAT mark was confusing with Caterpillar’s own CAT & Triangle Design [shown below]. 2023 FCA 4.The

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Branding Brands Branding Designs 104

The TTABlog

MARCH 13, 2024

The Board affirmed a refusal to register the mark HIG for, inter alia , "financial services," finding confusion likely with the registered mark H.I.G. , in standard character and design form (below) for "investment services in the nature of venture capital and private equity financing, and investment banking services."

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Patent Trademark Blog

APRIL 21, 2022

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. What seems so hard about looking at two designs and determining whether appear substantially similar to an ordinary observer?

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Design Patent Patent Infringement Designs Design 52

The TTABlog

APRIL 1, 2024

Section 2(a) - False Suggestion of a Connection: Despite Applicant's Bad Intent, TTAB Dismisses Oppositions to EVSFOOD for Beverages Section 2(d) - Likelihood of Confusion: TTABlog Test: Is OTTO'S for Soda Pops Confusable With OTTO'S OATMEAL STOUT for Beer? Yes] TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out?

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Designs Design Registration Trademark 57

The TTABlog

JUNE 8, 2023

The Court ruled that, since VPI was (concededly) using its comedic design as a source indicator, Grimaldi did not apply. Therefore, the Ninth Circuit was wrong in reversing the district court's finding of likelihood of confusion. And once that is done (if that is done), a parody is not often likely to create confusion.

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The TTABlog

AUGUST 7, 2023

The USPTO refused to register the mark SUNSET SUSHI & Design on the ground of likelihood of confusion with the registered mark BANSHOO SUSHI BAR & Design , for overlapping restaurant services. By my reckoning, the Board has affirmed about 85% of the Section 2(d) refusals it has reviewed on appeal this year.

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Designs Design Registration Copyright 40

LexBlog IP

DECEMBER 21, 2023

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. gloves) have a wavy pattern with the “Seirus” logo throughout the design. Background Columbia asserted U.S.

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The TTABlog

JULY 11, 2023

Thomas McCarthy shares his thoughts (below) on the Supreme Court's "Bad Spaniels" decision (pdf here ), in the hope of stimulating discussion (in the comments) as to what readers think will be the impact of the case on the use of marks in "expressive" works. As you will recall, the Court vacated the decision of the U.S.

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The TTABlog

JULY 21, 2022

Alas, the Northsiders successfully opposer an application to register the "C" design mark shown to the right, for various clothing items, on the ground of likelihood of confusion with the Cubs' registered "C" logos for baseball games and exhibition services and a variety of goods, including clothing. The CRATE Inc. Strike two].

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Designs Design Registration Copyright 57

The TTABlog

MARCH 29, 2023

opposed applications to register EVERWILD (in standard form) and EVERWILD SPIRITS & design , both for "distilled spirits," claiming likely confusion with its registered mark EVERCLEAR for alcoholic beverages except beer. The Board found the involved goods to be legally identical, but what about the marks? Luxco, Inc.

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Branding Brands Branding Designs 67

The TTABlog

OCTOBER 5, 2023

Likelihood of Confusion: Because the involved goods are legally identical, the Board must presume that they travel through the same trade channels to the same classes of consumers. The Board concluded that the marks differ in connotation and commercial impression, and that difference "weighs heavily against confusion."

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The TTABlog

JUNE 30, 2023

Section 2(d) - Likelihood of Confusion: TTABlog Test: Is BILT Confusable With BUILT TO INSPIRE for Non-metal Mailboxes? Yes] TTABlog Test: Is KOKOMO for Fresh Fruits Confusable With KOKOMO for Wine? Yes] TTABlog Test: Is BLACK INK for Coffee Beans Confusable With BLACK INK for Alcoholic Beverages?

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43(B)log

SEPTEMBER 5, 2023

11, 2023) The parties compete in the design of buckling-restrained braces, which are structural devices that help buildings withstand seismic activity. The Design Manual also included several technical drawings of BRBs, which allegedly infringed plaintiff Core-Brace’s registered drawings. I’m going to ignore the patent claims.

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The IPKat

DECEMBER 31, 2023

The Opponent filed an opposition against the Application in July 2020 (the Opposition), based on two International trade mark registrations (ITMRs) designating the European Union for the word marks ROYAL (the ROYAL ITMR) and ROYAL UNIBREW in class 32 (together, the ITMRs), including for " beers ".

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Branding Brands Branding Registration 62

The TTABlog

SEPTEMBER 1, 2021

The USPTO refused to register the word-plus-design mark shown below, for various clothing items [YOKOHAMA disclaimed], finding confusion likely with the registered mark RADIALWEAR for overlapping clothing items. But are these marks confusable? The panel majority therefore found confusion likely and it affirmed the refusal.

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Designs Design Registration Business 52

IP and Legal Filings

AUGUST 4, 2021

Innovative Cosmetic Concept filed for international registration of the word INCOCO and designated European Union for the registration in January 2014. The Board of Appeal concluded that the similarity was not the major one where just the average degree of similarity was not sufficient to prove the likelihood of confusion.

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The IPKat

DECEMBER 9, 2021

The General Court rejected an appeal brought by AC Milan (nicknamed also Rossoneri) and considered that the brand characterizing Rossoneri’s emblem could not be registered as an EU trade mark (EUTM) since it would give rise to a likelihood of confusion with the earlier German trade mark ‘Milan’ held by the company InterES.

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Branding Brands Branding Registration 94

The TTABlog

DECEMBER 21, 2022

The Board affirmed another Section 2(d) refusal, finding the mark shown first below, for "clothing, namely, shirts, hats, sweatshirts, shorts and sweatpants," likely to cause confusion with the registered mark shown second below, for "shorts; sports caps and hats; sweat shirts; t-shirts." What about the marks? The Board was unmoved.

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LexBlog IP

JULY 26, 2023

Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use is a parody. VIP Products LLC , handed down June 8, 2023, unanimously overturned the U.S. Ninth Circuit Court of Appeals.

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43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Then, in Lexmark v.

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Trademark Fair Use Registration False Advertising 59

The IP Law Blog

JULY 7, 2022

In May, skater shoe company, Vans, persuaded a district court judge in NY to halt the pre-sale of a pair of shoes called Wavy Baby, the result of a collaboration of rapper Tyga and MSCHF, a Brooklyn-based design studio that was previously sued by Nike over its Satan Shoe collaboration with NasX. The case is Vans, Inc.

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The IPKat

OCTOBER 31, 2023

What did the cheese say to itself in the mirror? The Opposition was grounded on Article 8(1)(b) of the EU Trade Mark Regulation 2017/0001 (EUTMR) - i.e. that identical or similar marks should not be registered for identical or similar goods and services where there exists a likelihood of confusion. halloumi ’.

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Registration Law Designs Design 73

The TTABlog

OCTOBER 6, 2022

19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(d) - Likelihood of Confusion: TTABlog Test: Is "MOXIE SCRUBS" & Design Confusable with "MOXIE" for Clothing? TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ?

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Service Mark Designs Design Ownership 82

The TTABlog

MARCH 31, 2022

The Board found the involved services to be identical in part, but what about the marks? "The The only cognizable distinction between the marks is the differing stylization of the identical lettering and the differing background designs surrounding and incorporating the letters MW. And so, the Board affirmed the refusal to register.

Designs 52

Designs Design Registration Copyright 52

The TTABlog

APRIL 3, 2023

Section 2(a) - Deceptiveness: TTAB Affirms Two Refusals of "ROSE PETALS" for Supplements Not Containing Rose Petals Section 2(d) - Likelihood of Confusion: TTABlog Test: Is EVERWILD For Distilled Spirits Confusable With EVERCLEAR for Alcoholic Beverages? Yes] TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out?

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The IPKat

FEBRUARY 5, 2024

000018762 covering ‘land, air and water vehicles and parts thereof (not included in other classes), including engines for vehicles’ in class 12 protecting the following sign: The defendant is a natural person, who sold radiator grilles customised and designed for old Audi models from the 1980s and 1990s. Background Audi owns EU trade mark no.

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LexBlog IP

JANUARY 25, 2024

In those instances, a traditional likelihood of confusion or dilution analysis is required. It reiterated that where artistic expression is at issue, “the traditional [likelihood of confusion] test fails to account for the full weight of the public’s interest in free expression.” AJ Press, Inc. ,

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Intepat

AUGUST 31, 2022

Before trying to get a trademark registered we first need to understand what can be registered as a trademark and what are the possible grounds on which the registration can be refused. According to Section 9 (2)(a), a trademark cannot be registered if it is of such nature so as to deceive the public or cause confusion.

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The TTABlog

JULY 24, 2023

Swiss watchmaker Audemars Piquet opposed applications to register MOSSY OAK and MOSSY OAK & Design for watches and jewelry on the grounds of likely confusion with and likely dilution of the registered mark ROYAL OAK , in standard character and stylized form, for watches. But what about likelihood of confusion?

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Registration Designs Design Advertising 52

The TTABlog

NOVEMBER 16, 2022

In a 74-page opinion, the Board sustained oppositions to registration of the marks shown below, for "energy drinks containing caffeine; energy drinks not for medical purposes" and for "alcoholilc beverages" on the ground of likelihood of confusion the registered mark DUTCH BROS. for coffee and energy drinks. Dutch Bros., you may ask.

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LexBlog IP

APRIL 11, 2023

But it could also lead to confusion in the aisles of Pennsylvania’s liquor stores. Because various types of alcohol goods are available in various types of stores, this often leads to consumers making trips to multiple different stores depending on what type of alcohol they want to buy.

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Branding Brands Branding Trademark 52

The TTABlog

OCTOBER 26, 2023

A fancy bit of footwork by Applicant Stratio Automotive yielded a registration for the mark STRATIO & Design for diagnostic apparatus and diagnostic services for land vehicles. Opposer Stratio Big Data claimed a likelihood of confusion with its mark STRATIO for computer software for collecting and analyzing data.

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The IP Law Blog

JULY 14, 2022

So, for at least 36 years, Ohio State has been utilizing the word THE with emphasis in a manner that has arguably turned the article into a designation of origin/source for the university. But is it really that big of a deal? In my humble opinion, it is not. This tradition is longstanding and goes far beyond football.

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