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Likely To Cause Confusion and the DuPont Factors | likelytocauseconfusion.com Reviews
https://likelytocauseconfusion.com
Talk to us sooner. Likelihood of confusion refusals can be avoided by a Not Just Patents Five Step Verification. Aim Higher, aim for a strong trademark, not just getting the form filled out.
likelytocauseconfusion.com
Likelihood of Confusion-Reverse Confusion
http://www.likelytocauseconfusion.com/reverseconfusion.html
What is Reverse Confusion? T]he doctrine of reverse confusion is designed to prevent. . . a larger, more powerful company usurping the business identity of a smaller senior user." Commerce National Ins., v. Commerce Insurance Agency, Inc. 214 F3d 432, 445 (3rd Cir.2000). In re Shell Oil Co., 992 F.2d 1204, 26 USPQ2d 1688, 1690 (Fed. Cir. 1987). 432 F3d 463 (Fed. 3rd Cir., 2005) as:. The essence of a direct confusion claim is that a junior user of a mark attempts to free-. 937 F2d 1572 (C.A.Fed...561 F...
Likely To Cause Confusion and the DuPont Factors
http://www.likelytocauseconfusion.com/index.html
How to Avoid A Trademark Application That is Likely To Be Refused Because of Confusion. If your trademark is too much like someone else’s trademark and that someone else registered their trademark with the USPTO or their trademark application was pending before your application, your application is likely to be refused. Other reasons for refusal include: Merely Descriptive. And Primarily Geographically Deceptively Misdescriptive; Primarily Merely a Surname. There is no mechanical test. For determining li...
Likelihood of Confusion Factors
http://www.likelytocauseconfusion.com/likelihoodofconfusionfactors.html
Likelihood of Confusion Factors. 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. The oth...
Pseudo Marks (Literal or Phoenetic Equivalents)
http://www.likelytocauseconfusion.com/pseudomarks.html
PSEUDO MARKS (LITERAL or PHONETIC EQUIVALENTS). The USPTO has a pseudo-. Mark field in its Trademark Electronic Search System ( TESS. To improve the accuracy of searches in its electronic databases (even though the USPTO has no statutory obligation that compels the maintenance of this feature). This pseudo-. The USPTO may assign pseudo marks, as appropriate, to new applications to assist in searching the USPTO database for conflicting marks. Marks provide an additional search tool for locating marks that...
Examples of Likelihood of Confusion
http://www.likelytocauseconfusion.com/section2dexamples.html
Examples of Likelihood of Confusion. Likelihood of Confusion is covered in the TMEP (Trademark Manual of Examining Procedure) manual at Chapter 1207. SUPER CHIRO TEA for "herbal teas for medicinal purposes" so resembled opposer's previously used mark CHIROKLENZ for a detoxifying herbal tea, as to be likely to cause confusion among purchasers. The Board found that applicant took "affirmative steps to cause confusion and to associate SUPER CHIRO TEA with CHIRO-. Eleven v. Wechsler, (TTAB 2007). Words in ma...
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trademarkoppositionprocess.com
We (Often) Represent the Underdog
http://trademarkoppositionprocess.com/index.html
Trademark Attorney For TTAB Proceedings. Most of our clients are small businesses trying to protect their trademarks, often from someone bigger who is claiming that the smaller businesses trademark is likely to be confused. From the potential opposer. Even if the TTAB (USPTO Trademark Trial and Appeal Board) finds that an opposer has proven that its marks are famous for purposes of likelihood of confusion, fame alone is not sufficient to establish likelihood of confusion. 75 USPQ2d 1811, 1819-. 1820 (TTA...
House Marks and Product Marks
http://merelydescriptive.com/housemarksproductmarks.html
House Marks and Product Marks. A "house" mark consists of a mark that is used to indicate that a full line of products comes from the same source. All the products within the line carry the house mark, which informs purchasers and prospective purchasers that the products come from the same "house" or source. Famous house marks include: INTEL [PENTIUM], FORD [MUSTANG], APPLE [MACINTOSH], `KELLOGG'S [FROOT LOOPS']. PANTS," making "an indivisible symbol rather than two divisible words."). It is a general ru...
Opposition Defense
http://www.njp.legal/index.html
Trademark Attorney For TTAB Proceedings. Most of our clients are small businesses trying to protect their trademarks, often from someone bigger who is claiming that the smaller businesses trademark is likely to be confused. From the potential opposer. Even if the TTAB (USPTO Trademark Trial and Appeal Board) finds that an opposer has proven that its marks are famous for purposes of likelihood of confusion, fame alone is not sufficient to establish likelihood of confusion. 75 USPQ2d 1811, 1819-. 1820 (TTA...
Opposition Defense
http://www.trade.mark.legal/index.html
Trademark Attorney For TTAB Proceedings. Representing the Underdog: It Isn’t All About Fame. Most of our clients are small businesses trying to protect their trademarks, often from someone bigger who is claiming that the smaller business trademark is likely to be confused. From the potential opposer. If that were the case, having a famous mark would entitle an opposer to a right in gross, and that is against the principles of trademark law. Must also be considered when they are applicable. By the marks, ...
House Marks and Product Marks
http://merely-descriptive.com/housemarksproductmarks.html
House Marks and Product Marks. A "house" mark consists of a mark that is used to indicate that a full line of products comes from the same source. All the products within the line carry the house mark, which informs purchasers and prospective purchasers that the products come from the same "house" or source. Famous house marks include: INTEL [PENTIUM], FORD [MUSTANG], APPLE [MACINTOSH], `KELLOGG'S [FROOT LOOPS']. PANTS," making "an indivisible symbol rather than two divisible words."). It is a general ru...
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www.likelytobeconfused.com
Likely To Cause Confusion and the DuPont Factors
Aim Higher Facts Matter. How to Avoid A Trademark Application That is Likely To Be Refused Because of Confusion. If your trademark is too much like someone else’s trademark and that someone else registered their trademark with the USPTO or their trademark application was pending before your application, your application is likely to be refused. Other reasons for refusal include: Merely Descriptive. And Primarily Geographically Deceptively Misdescriptive; Primarily Merely a Surname. For determining likeli...
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