Free Trademark Searches Give False Security. Refusals for likelihood of confusion are as common as ever even though FREE SEARCH or low price searches are everywhere. Mechanical searches have limited value.
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Likelihood of Confusion | likelihoodofconfusiontrademark.com Reviews
https://likelihoodofconfusiontrademark.com
Free Trademark Searches Give False Security. Refusals for likelihood of confusion are as common as ever even though FREE SEARCH or low price searches are everywhere. Mechanical searches have limited value.
likelihoodofconfusiontrademark.com
Section 2(d) Office Actions
http://www.likelihoodofconfusiontrademark.com/section2(d)officeactions.html
Section 2(d) Office Action Examples. Offc Action Outgoing [redacted] For Using Exactly the Same Wording. Registration of the applied-. For mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. XXXXXXX. Trademark Act Section 2(d), 15 U.S.C. 1052(d); see. TMEP 1207.01 et seq. See the enclosed registration. Taking into account the relevant du Pont. Factors, a likelihood of confusion determination in this case involves a two-. 308 F3d 1156, 1164-. Applicant’s mark, MARK1...
Grounds for Oppositions or Cancellations
http://www.likelihoodofconfusiontrademark.com/groundsforoppositions.html
Grounds for Oppositions to a Trademark. Trademarks that have received Notice of Allowance are published for opposition and may be opposed by anyone who has standing. For an opposition and grounds. For an opposition. Similarly, trademarks that have been registered may be challenged for cancellation by anyone who has standing for a cancellation and grounds for a cancellation. Any ground that negates the defendant's right to registration may be raised for either opposition or cancellation. The vast majority...
General Rules About Likelihood of Confusion
http://www.likelihoodofconfusiontrademark.com/generalruleslikelihoodofconfusion.html
Some General Rules About Likelihood of Confusion. Please note that every trademark application is decided on its own merits and general rules may or may not apply! These General Rules are extracted from actual trademark refusals. The facts pertinent to the particular refusals have been deleted. 228 USPQ 689 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n. 811 F2d 1490, 1 USPQ2d 1813 (Fed. Cir. 1987) (COMMCASH and COMMUNICASH); In re Phillips-. 518 F2d 1399,...
Pseudo Marks (Literal or Phoenetic Equivalents)
http://www.likelihoodofconfusiontrademark.com/pseudomarks.html
PSEUDO MARKS (LITERAL or PHONETIC EQUIVALENTS) and DESCRIPTION OF MARKS. On May 13, 2008, an amendment to Trademark Rule 2.37, 37 C.F.R. 2.37 took effect, requiring a description of any mark not in standard characters in any application filed on or after May 13, 2008. The rule is as follows:. Not including this description of the mark in a TEAS plus application can result in an additional fee of $50 per class and removal of the mark from a TEAS plus application to a TEAS application. A registered mark is...
Likelihood of Confusion-Internet
http://www.likelihoodofconfusiontrademark.com/likelihoodofconfusioninternet.html
Likelihood of Confusion on the Internet. In cases involving claims of trademark infringement on the Internet, the Ninth Circuit has affirmed the use of an additional instruction indicating that three of the Sleekcraft. I) similarity of plaintiff’s and defendant’s mark;. Ii) relatedness of services; and. Iii) simultaneous use of the internet as a marketing channel, otherwise known as the Internet Troika, are of the greatest importance. Internet Specialties West, Inc. v. Milon-. The rest of the Sleekcraft.
TOTAL PAGES IN THIS WEBSITE
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Overcoming Merely Descriptive Refusals
http://inherentlydistinctive.com/merelydescriptiverefusals.html
OVERCOMING A MERELY DESCRIPTIVE REFUSAL. A mark does not have to be totally lacking in meaning (completely non-. Descriptive) to be registrable, the USPTO trademark examiner may require an applicant to disclaim. For more information on geographically descriptive or geographically misdescriptive refusals see http:/ merely-. See more on acquired distinctiveness for Section 2(f) or 2(f) in part at Trademark2f.com. Examples of USPTO Trademark Office Action Rejections based on being merely descriptive. The ex...
m.Section 2(e)(1) Refusal
http://inherentlydistinctive.com/m.section2e1refusal.html
Marks that are not Inherently Distinctive). SECTION 2(e)(1) REFUSAL MERELY DESCRIPTIVE. Redacted] OFFICE ACTION from UNITED STATES PATENT AND TRADEMARK OFFICE. This trademark was abandoned by the owner after the first refusal with no attempt to answer the office action.]. Registration is refused because the applied-. For mark merely describes a feature of applicant’s services. Trademark Act Section 2(e)(1), 15 U.S.C. 1052(e)(1); see TMEP 1209.01(b), 1209.03 et seq. 820 F2d 1216, 1217-. DOS merely descrip...
m.Overcoming Merely Descriptive Refusals
http://inherentlydistinctive.com/m.overcomingmerelydescriptiverefusals.html
A result of Not Being Inherently Distinctive. A mark does not have to be totally lacking in meaning (completely non-. Descriptive) to be registrable, the USPTO trademark examiner may require an applicant to disclaim. Exclusive rights to part of the mark that is unregistrable rather than refuse the entire mark. See 15 U.S.C. 1056(a) Disclaimer of unregisterable matter. For more information on geographically descriptive or geographically misdescriptive terms see http:/ merely-. The examining attorney refus...
Strong Trademarks
http://merely-descriptive.com/index.html
Not Just Patents LLC. PO Box 18716, Minneapolis, MN 55418. The Most Efficient Commercial Tool Ever Devised. Being able to associate a product or service with to designate a federally registered trademark is a strong business tool. Purchasing decisions are continually influenced by trademarks by distinguishing products from one another and indicating a level of. Most Efficient Commercial Tool Ever Devised. Merely Descriptive trademarks are not strong trademarks. Domain names, tag lines, slogans. Is a stro...
Strong Trademarks
http://merelydescriptive.com/index.html
Not Just Patents LLC. PO Box 18716, Minneapolis, MN 55418. The Most Efficient Commercial Tool Ever Devised. Being able to associate a product or service with to designate a federally registered trademark is a strong business tool. Purchasing decisions are continually influenced by trademarks by distinguishing products from one another and indicating a level of. Most Efficient Commercial Tool Ever Devised. Merely Descriptive trademarks are not strong trademarks. Domain names, tag lines, slogans. Is a stro...
m.Cancellation Steps
http://petitiontocancel.com/m.cancellationsteps.html
WHAT HAPPENS AFTER THE PETITION TO CANCEL (the opening pleading) IS FILED? STEPS FOR A TRADEMARK CANCELLATION. For a USPTO registered trademark). Registered trademarks that issued may be contested and canceled by anyone who has standing. Grounds that negates the defendant's right to registration may be raised for cancellation except that incontestable. Have a more limited list of grounds on which they can be contested. TBMP 309.03(b) Standing. 289 F2d 656, 129 USPQ 275, 280 (CCPA 1961). Where registratio...
Trademark Searching Using TESS and other FAQ
http://filingfortrademark.com/index.html
Trademark Searching Using TESS and Other Frequently Asked Questions. Where can I search for registered and pending USPTO trademarks? At TESS: Trademark Electronic Search System. Http:/ tess2.uspto.gov/). TESS is for searching all pending and registered USPTO Trademarks and viewing Trademark images. See Published for Opposition search instructions. For specific search instructions on how to use TESS for searching for marks that have been published for opposition. What is in TESS? Whether or not a likeliho...
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LIKELIHOOD OF CONFUSION® by Ron Coleman
Ron Coleman on the law affecting brands, the Internet and free speech. Legal standards for likelihood of confusion. Copycats on the Superhighway. Prudential Standing: Who is ‘Any Person’ Under the Lanham Act? Motions to Dismiss the Complaint. Hacker with a White Hat. How trademark bullying works. Hands off blogs: Mandatory disclosure of “blogola”? Social Media and Proving Secondary Meaning. Bloggers, Journalists, Reporting and Privilege. 8220;Initial Interest Confusion”: Compounding the Error. Originally...
likelihoodofconfusiontrademark.com
Likelihood of Confusion
Aim Higher Facts Matter. Likelihood of Confusion is a Common Issue for Trademark Application Refusals, Oppositions and Cancellations, and Infringement Suits. Likelihood of confusion is one of the most common grounds for a USPTO trademark refusal and trademark oppositions or trademark cancellations. You’ve seen the ads for FREE trademark searches. They don’t seem to be working! Here are the ten steps that the USPTO recommends for people searching their FREE TESS database ( TESS online help. What is a dist...
Likelihood of Success | Ron Coleman
Mar 16, 2010. Comments Off on Likelihood of Success. Success is hard to define. We think we know it when we see it. But we seldom do. In fact, more often than not we actually misidentify things such as material abundance, popularity or power as success. They can in fact be correlative with success, but they are not success or even necessarily proof of success. We also, it is to be hoped, stop fearing failure, and learn what it is there for, and how there is no success without it. Mar 9, 2010. Mar 4, 2010.
Likelihood Ratio
Monday, June 1, 2015. How to Have the Vaccine Talk. Don’t you just love it when you hear that you can do anything you want if you try hard enough? I know it’s true, because when I hear people say that, I try really hard not to assault them. But what about when it’s not true, like when I try to act cool around my teenagers? Or when pediatricians try to convince vaccine-hesitant parents to protect their children from disease? Science has spoken, and it says, “ Give up. And talk about trying! Let’s tr...
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