December 6, 2024

Education For Live

Masters Of Education

TTABlog Test: Is “ELEPHANT LEARNING MATH ACADAMY” Confusable With “ELEPHANT GAMES” For Computer Game Software? – Trademark

TTABlog Test: Is “ELEPHANT LEARNING MATH ACADAMY” Confusable With “ELEPHANT GAMES” For Computer Game Software? – Trademark

&#13
To print this write-up, all you have to have is to be registered or login on Mondaq.com.&#13

The USPTO refused to register the mark ELEPHANT Understanding&#13
MATH ACADEMY
for downloadable academic computer software applications&#13
[LEARNING and MATH ACADEMY disclaimed], acquiring confusion likely&#13
with the registered marks ELEPHANT Video games, in&#13
regular people and in the logo variety shown down below, for,&#13
inter alia, computer recreation software program and digital recreation&#13
application for cell phones [GAMES disclaimed]. Effectively, the goods&#13
overlap, but what about the marks? After the disclaimers,&#13
what’s remaining in every mark but “ELEPHANT”? How do you&#13
assume this came out? In re Elephant Studying, LLC, Serial No.&#13
90556090 (July 13, 2022) [not precedential] (Impression by Judge Cindy&#13
B. Greenbaum).

1212980a.JPG

Power of the Cited Marks: Applicant argued&#13
that ELEPHANT is a weak formative for computer software items, pointing&#13
to ten or so use-dependent registrations for marks made up of the word&#13
ELEPHANT (e.g., BUBBLES THE ELEPHANT, ELEPHANT TREASURES, and ASIAN&#13
ELEPHANT). “Potentially additional importantly, the two cited&#13
registrations and the previously mentioned third-bash registrations coexist with&#13
Applicant’s recent registrations for the marks ELEPHANT&#13
Mastering (Learning disclaimed) (Reg. No. 6178676)) and ELEPHANT AGE&#13
(Reg. No. 6047589).” In gentle of all these registrations, the&#13
Board concluded that the cited marks are entitled to “a&#13
to some degree narrower scope of security than that to which marks with&#13
inherently exclusive conditions usually are entitled.”

The Marks The Examining Attorney managed&#13
that ELEPHANT is the dominant factor in the topic marks mainly because&#13
it is the 1st phrase in each and every mark and is additional probable to be&#13
amazed on the memory of a consumer. The Board, having said that, way too a&#13
unique tack:

[T]he proof talked about over&#13
demonstrates that the frequent term ELEPHANT is relatively weak due to&#13
the numerous 3rd-occasion registrations for software. The various&#13
connotations of the trailing phrases Game titles and Learning MATH ACADEMY&#13
substantially contribute to the different commercial impressions of&#13
the marks, as Game titles describes the laptop game titles recognized in the&#13
cited registrations, and Finding out MATH ACADEMY describes the&#13
goal of Applicant’s instructional mobile purposes, which&#13
youngsters will use to master math.

The Board found the marks to be more dissimilar than very similar in&#13
visual appeal, seem, indicating, and business effect. This getting&#13
was bolstered by the existence of applicant’s two prior&#13
registrations.

1212980b.JPG

The Products and Channels of Trade: The broadly&#13
worded computer system activity software discovered in the cited registration&#13
ought to be presumed to encompass all types of activity application, which include&#13
applicant’s video games that entertain and teach. In gentle of the&#13
overlap in merchandise, the Board will have to presume that these overlapping&#13
products travel via the similar, standard channels of trade to the similar&#13
classes of consumers.

Conclusion: Inspite of the overlap in merchandise and&#13
channels of trade, the Board identified the marks to be sufficiently&#13
distinct to avoid a chance of confusion. And so it reversed&#13
the refusal to register.

Read through remarks and put up your comment here.

TTABlogger remark: Superior to see that the Board&#13
did not totally ignore the disclaimed wording.

The content material of this post is meant to supply a standard&#13
tutorial to the matter make a difference. Professional tips ought to be sought&#13
about your distinct conditions.

Popular Content ON: Intellectual Home from United States

Logos Comparative Tutorial

Obhan & Associates

Emblems Comparative Manual for the jurisdiction of India, check out out our comparative guides segment to assess across numerous nations around the world

Don’t Patent That!

Wolf, Greenfield & Sacks, P.C.

Did you know that you do not have to have to patent every brilliant notion that you have in get to make revenue off it? Some of the most beneficial mental property is secured as a trade solution.

Copyright © admhduj.com All rights reserved. | Newsphere by AF themes.