D L X wrote:
What use in commerce is Apple or Whole Foods using "Flagship," and for what goods and services is that word being used?
The term flagship is being used to describe their biggest and newest stores in the best locations. Consumers are bombarded with the term flagship from everywhere.
Many of these flagship stores offer services which AA claim to have a trademark over. AA trademark on flagship is so broad, I don’t see its relevance.https://www.insider-trends.com/33-more- ... ip-stores/http://www.insider-trends.com/top-50-fl ... the-world/
How many companies in the US have trademarks with flagship in it ? Is it 30 or 40 ?
Does a consumer when they hear the word flagship actually think of AA ? I don’t personally I associate it with the Apple flagship store in NY.
When making a trademark application isn’t the onus on AA to exclude other uses of the trademark term which consumers can confuse with the trademark ?
“ (D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall—
(i) state exceptions to the claim of exclusive use; and
(ii) shall  specify, to the extent of the verifier’s knowledge—
(I) any concurrent use by others;
(II) the goods on or in connection with which and the areas in which each concurrent use exists;
(III) the periods of each use; and
(IV) the goods and area for which the applicant desires registration.”
Isn’t the normal nautical use of term flagship something AA should have excluded from their application in the first place as it was already in use and would “cause confusion, or to cause mistake, or to deceive” ?
The nautical term flagship predates AA, it predates the United States.
Last edited by zeke
on Tue Dec 24, 2019 2:29 am, edited 1 time in total.
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