- The degree of similarity between the mark or trade name and the famous mark.
- (ii) The degree of inherent or acquired distinctiveness of the famous mark.
- (iii) The extent to which the owner of the famous mark is engaging in substantially exclusive use of the mark.
- (iv) The degree of recognition of the famous mark.
- (v) Whether the user of the mark or trade name intended to create an association with the famous mark.
- (vi) Any actual association between the mark or trade name and the famous mark.
This past December, the Supreme Court heard oral arguments in the case of B&B Hardware, Inc. v. Hargis Indus., Inc. wherein the main issue to be determined by the Court is whether the Trademark Trial and Appeal Board’s (TTAB) likelihood of confusion determinations should have a preclusive effect in a trademark claim filed in Federal Court.(more…)
The United States Patent & Trademark Office recently extended the current After Final Pilot Program until September 30, 2015, at which time the program will be up for renewal again. The After Final Consideration Pilot (AFCP) Program 2.0 which originally began on May 19, 2013 aims to reduce the number of Request for Continued Examinations (RCE) filed and increase the collaboration between the applicant and the examiner.(more…)