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Author Topic: LOC - help settle a bet  (Read 701 times)

OMG IP

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LOC - help settle a bet
« on: 12-14-10 at 10:15 pm »

Currently registered:  FABRIC-X NEW, a soap for cleaning Fabric-X

new application: FABRIC-XNU, repair kits for repairing Fabric-X (dyes, tools, etc., but no soap(s))

different IC's.

I say no LOC, but maybe at a 52-48 clip (i.e., not a slam dunk either way).

What say you?

a couple of tidbits.. the cost of the soap is about $5; the kits go from $15-20.

Analagously, I thought of first aid kits.... would I be confused as to the source/origin of an anti-bacteria spray versus an entire kit with bandaids, tape, knife, etc.?
« Last Edit: 12-14-10 at 10:22 pm by OMG IP »
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DEBOER IP
The Woodlands, TX
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John M. DeBoer

JSonnabend

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Re: LOC - help settle a bet
« Reply #1 on: 12-15-10 at 07:37 am »

LOC, 70%.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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Yak

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Re: LOC - help settle a bet
« Reply #2 on: 12-15-10 at 07:46 am »

I've run into the "same channels of commerce" basis for refusing trademarks for LOC where the applicant's mark had only small differences in lettering or design from registrants mark, stating the applicant's and registrant's goods are sold where it is normal for such items to be sold and that is is assumed that the same class of purchaser shops for both items and the the consumer is accustom to seeing the items sold under similar mark. 
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JSonnabend

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Re: LOC - help settle a bet
« Reply #3 on: 12-15-10 at 08:05 am »

Unless one is aimed at professionals and the other end consumers, I can't imagine channels of trade are going to be all that different.  The analogy is dead-on in this regard.  If you saw "Band Ade" (or "Band Aid") brand antibacterial ointment, wouldn't you think it was from the bandage people?  I would.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
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JSonnabend@SonnabendLaw.com

OMG IP

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Re: LOC - help settle a bet
« Reply #4 on: 03-15-11 at 09:25 pm »

LOC, 70%.

- Jeff

You were right, and I lost :(
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DEBOER IP
The Woodlands, TX
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John M. DeBoer
 



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