OU Loses When Medical Apparatus Found Unrelated to Education Services

The University of Oklahoma a/k/a OU lost its opposition proceeding against K-Jump Health Co., Ltd.’s pending application for the mark OUCARE (Stylized) for a variety of medical apparatus. OU’s principal argument when it came to the relatedness of goods likelihood of confusion factor was that its prior registrations for OU contained broad educational services descriptions …

What Trademark Searchers Need to Know About Use in Commerce

In the United States, trademark rights are created through use in commerce not registration with the United States Patent and Trademark Office. This is why all new businesses or current businesses launching a new product are advised to pay for comprehensive searches. But even an expensive, comprehensive search is incapable of finding every possible threat …

What Searchers Need to Know about an International Trademark

An international trademark registration is a lot like an intent-to-use trademark application, which we discussed before was a game changer when it comes to conducting trademark searches. The international trademark registration just has a little more oomph than the intent-to-use trademark application. Because the United States entered into a number of international treaties that impact …

U.S. Senate Passes Resolution To Increase Trademark Protection Awareness

The U.S. Senate passed Senate Resolution 580 recognizing and supporting public awareness of trademark protection. Senator Chuck Grassley (Iowa) introduced the resolution and it was unanimously agreed to by the Senate Judiciary Committee. The Resolution states that “consumers in the United States encounter an average of 1,500 trademarks each day.” This is a staggering statistic …

How Many Third Party Registrations Equal Trademark Weakness?

One thing trademark searchers review any search results for is dilution or weakness. And the trademark weakness does not need to affect the entire mark. Trademark weakness may affect only a portion of the entire mark. When a trademark searcher finds weakness, it tells him or her that the mark being searched may be able …

The Value of a Supplemental Registration on the Supplemental Register

A supplemental registration often times gets a bad wrap primarily for the fact that it is not a principal trademark registration. The United States Patent and Trademark Office maintains to trademark registers, the Principal Register and the Supplemental Register. The Supplemental Register is reserved for trademarks that are descriptive and need time to acquire trademark …

Trade Dress May Not Differentiate A Mark Registered in Standard Character

Generally, what’s good for the goose is good for gander. Except in certain circumstances when you are dealing with the Trademark Office. Relying on trade dress to distinguish your mark from a prior registered word mark is one of those situations where the rules apply differently if you are the Applicant instead of the Trademark …

J5 Abbreviation is Confusingly Similar to JACKSON 5IVE and JACKSON 5

Siggy Music, Inc. registered the abbreviation J5 for “clothing, namely, footwear, shoes, hats, caps, shirts, and jackets,” which drew the ire of UMG Recordings, Inc. who owns the federally registered mark JACKSON 5 for “musical sound recordings” and common law rights for JACKSON 5 in connection with clothing. UMG Recordings also apparently has common law …