Could Your Service Mark Someday Appear on a Branded Product?

Consider Adding Trademark Classes to Aid Enforcement of Brand Identity In trademark law, marks come in two distinct flavors: trademarks that are used to identify the source of tangible products, and service marks that identify the source of services. As one example, colleges are in the business of providing education and commonly obtain federal service …

Third-Party Registrations and Uses for Marks Similar to the Cited Registered Trademark Are Again Deemed Insufficient to Carry the Day

In performing the likelihood of confusion analysis between a registered trademark and an applied for mark, the Trademark Trial and Appeal Board (the “Board”) considers a range of factors known as the du Pont factors. One of the factors upon which a case can turn is the similarity of the two relevant marks. When comparing …

Does the Standard Word Mark CALIFORNIA REPUBLIC Create a Likelihood of Confusion with a Registered Mark Incorporating the Words “REPUBLIK of KALIFORNIA”?

That was the question the Trademark Trial and Appeal Board (the “Board”) sought to answer in the application proceedings of In re Don Calder. In this case, the trademark applicant sought to register the mark CALIFORNIA REPUBLIC (with CALIFORNIA disclaimed) for various clothing goods, including shoes, pants, jeans, shorts, hats, jackets, and belts in International …

Tips in Choosing Your Trademark: Watch Out for Acronyms!

Are you free to register the trademark SWAP SEALED WITH A PRAYER when someone else has an existing registration for the mark SWAP, and both are directed to clothing goods? That is a question the Trademark Trial and Appeal Board (the “Board”) sought to answer in the matter of In re Beda Alan Tirol. In particular, …

Tips in Choosing Your Trademark; the Trademark Case of a “Crazy Dog” Wearing Sunglasses

What happens when you want to register a word mark, and someone else has an existing trademark for a stylized mark containing similar words? Are you in the clear because they have a large logo in their mark that you do not use? That is the case examined by the Trademark Trial and Appeal Board …