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Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. ....
The Board dismissed this opposition to registration of the mark SOME WATCHES TELL TIME . SOME TELL A STORY for, inter alia, watches. Opposer Rolex alleged likelihood of confusion with its purported common law mark IT DOESN T JUST TELL TIME. IT TELLS HISTORY for watches, but Rolex s claim of priority based on use analogous to trademark use failed because (1) it wasn t properly pleaded or tried by consent, and (2) Rolex failed to prove prior analogous use as a source identifier. Pleading: Rolex conceded that it was not relying on technical (affixation) trademark use on watches, nor did it claim trade name use of the HISTORY tagline. ....