I hate to say I told ya so, but I told ya so

The fat lady may not have sung yet, but it is to be expected at any moment.

We all can remember a certain person who thought they had the right to use the title UFO Magazine for their website, blog, whatever it is. Well, the office action on that has been sent, you can find it at the uspto by doing a quick search for ufo magazine, only one will come up that is just ufo magazine, click on that and then the tdr button at the top. Strangely, it turned out just like everyone had warned this person it would with statements from the examiner like this:

In this case applicant’s proposed mark is UFO MAGAZINE for proposed services listed as “Publication of electronic magazines” in International Class 41. Registrant’s mark is UFO for goods listed as “Magazine published periodically dealing with unidentified flying objects and related phenomena” in International Class 16. Both applicant’s proposed mark and registrant’s mark share the same dominant portion, namely, the term “UFO” and therefore, are confusingly similar in sound, appearance, meaning, connotation and commercial impression. The shared similarity of meaning, connotation and commercial impression is one of a “UFO”, which is defined as “a mysterious object seen in the sky for which it is claimed no orthodox scientific explanation can be found, popularly said to be a vehicle carrying extraterrestrials.” Please see attached dictionary evidence (Exhibit A).

Furthermore, descriptive and/or generic terms, which are subject to a disclaimer requirement, such as the term “MAGAZINE” are accorded less weight in a Trademark Act Section 2(d) likelihood of confusion analysis. Disclaimed matter is typically less significant or less dominant when comparing marks.

Pretty much exactly what I and others had told him.

and

Accordingly, registration is refused under Trademark Act Section 2(e)(1).

Most adults know that you have to choose your fights carefully, otherwise you might make a fool out of yourself. Sure, Coletta felt it was rude of Bill Birnes to threaten to sue him, so instead of thinking logically, like it is a TM law that you have to defend your trademark or lose it, he took it personally which caused him to do something stupid. I just was looking back at the comments he left at ufo magazine. Threats to realease audio of Bill's phone call (which never happened) and all manner of other rude comments. Oh yes, and let me not forget the comment where he called ufo magazine writers losers (yeah, we're the losers). He did at one time try to recruit his own writers, but apparently nobody was interested. Pride really does cometh before the fall. Strange how Coletta was so into posting about such things when he filed for his trademark and now suddenly his web address has changed, he is no longer calling himself ufo magazine and there is no explanation of why. I guess he is just too embarrassed to post the truth.