The TTAB recently dismissed Element’s (Rocket Trademarks Pty.) opposition to the registration of the mark “ZU Elements” (by Phard S.p.A.) for:

Printing paper, postcard paper, wrapping paper, writing
and drawing paper, address and shipping adhesive
labels, notebooks, memo paper, sketch books, coin,
photograph and stamp albums, pencils, pens, crayons,
pastels, rubber erasers, photograph mounts,
photographs, magnetic blackboards, drawing paper,
letter holders, writing tablets, calendars, diaries,
and postcards in International Class 16;

Leather and imitation leather sold in bulk; goods made
of these materials, namely, bags, handbags, briefcases,
suitcases, wallets, document cases, purses, trunks and
traveling bags, animal skins and hides; umbrellas,
parasols and walking sticks, whips, harness and
saddlery in International Class 18; and

Clothing, namely, jackets, shirts, coats, trousers,
pullovers, ties, socks, stockings, gloves, scarves,
hats, swimsuits, tracksuits, t-shirts, underwear,
jeans, nightwear, shoes, boots, slippers and belts in
International Class 25.2.

The opposition was dismissed for a number of reasons. Notably, Element argued that its mark, used on its goods since 1991, was famous, and thus any similar marks should receive more scrutiny when it comes to register-ability. The TTAB, however, found Element’s evidence of fame unimpressive and stated that Element “falls short of establishing that its ELEMENT mark, or any of its other marks, is famous.” See the entire opinion here. That’s a tough blow for Element. The mark seems pretty famous to me. I even pulled this one from the site famouslogos.org. Go figure. I wonder what Bucky thinks. . .

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