Palpable, overriding error must be shown to successfully appeal from examiner’s refusal

By John McKeown (April 11, 2023, 11:43 AM EDT) -- The applicant filed a trademark application to register the mark TRIBAL CHOCOLATE, based on use since Aug. 31, 2016. The applicant sought to register the mark for hair care preparations. The examiner objected to the application on the ground that it was confusing with the registered trademark TRIBAL, registered on June 13, 2012, and based on use since 2008. The TRIBAL trademark is registered for use in association with, among other goods, hair colourants and hair dyes....

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