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19 Nov 2009, 9:00 am
Unter Hinweis auf Art. 20 Abs. 2 MSchG i.V.m. [read post]
12 Jan 2021, 5:54 am
” On November 30, 2020, in AB Stable VIII LLC v. [read post]
23 Aug 2023, 8:35 pm
See In re Polar Music Int’l AB, 714 F.2d 1567, 1572, 221 USPQ 315, 318 (Fed. [read post]
23 Aug 2023, 8:35 pm
See In re Polar Music Int’l AB, 714 F.2d 1567, 1572, 221 USPQ 315, 318 (Fed. [read post]
29 Jan 2016, 3:43 am
The possibility of revocation for non-use after five years is a separate "use it or lose it" provision clearly giving a trade mark owner reasonable time to expand the use of the mark across the scope of the registration, and giving third parties an opportunity to remove unused marks from the register. [read post]
3 Aug 2023, 4:05 pm
Courts have also held that a term that was generic at the time the party adopted the mark cannot receive protection, even if the public later views it as being specific to a particular producer. [read post]
29 Mar 2021, 3:48 am
The Lexington Company, AB, Civil Action No. 19-cv-6239 (PKC) (SDNY March 23, 2010).Issue Preclusion: Plaintiff LFI argued that issue preclusion should bar Defendant from litigating whether its mark is likely to cause confusion, since the Board found that "because the marks are similar, the goods are related and the goods move in the same channels of trade and are sold to the same classes of consumers, [LCC’s] mark LEXINGTON and design for household… [read post]
27 Nov 2019, 3:04 am
Thread Group, Inc. , Cancellation No. 92065499 [Petition for cancellation of a registration for the mark THREAD for "Computer services, namely, providing an Internet site featuring technology facilitating wired and wireless communication among electronic and computer device" on the ground that the registration is void ab initio because the mark was not in use as of the date of Registrant's Statement of Use.December 10, 2019 - 11 AM: Sky International AG… [read post]
9 Nov 2022, 5:16 am
In re Brio AB, Serial No. 90091387 (November 4, 2022) [not precedential] (Opinion by Judge Michael B. [read post]
23 Sep 2015, 6:15 am
The sales were made at the bookstore to two different individuals.The Board observed that an application filed under Section 1(a) is void ab initio if the mark was not in use in commerce in connection with the identified goods prior to the filing date of the application. [read post]
24 Apr 2018, 1:29 am
In the General Court Nestle failed to show use throughout the EU, not just in a substantial part of it, and therefore the mark was invalidated.A Kit Kat KounterfeitPer the decision in August Storck KG v OHIM, the CJEU set the bar for the acquisition of distinctive character through use as requiring "…evidence… that [the mark] has acquired, through the use which has been made of it, distinctive character in the part of the [EU] in which it did not, ab… [read post]
24 Apr 2018, 1:29 am
In the General Court Nestle failed to show use throughout the EU, not just in a substantial part of it, and therefore the mark was invalidated.A Kit Kat KounterfeitPer the decision in August Storck KG v OHIM, the CJEU set the bar for the acquisition of distinctive character through use as requiring "…evidence… that [the mark] has acquired, through the use which has been made of it, distinctive character in the part of the [EU] in which it did not, ab… [read post]
26 Mar 2012, 12:02 pm
By: Mark S. [read post]
24 Jun 2016, 8:26 pm
If Opposer can prove this allegation the application will be deemed void ab initio. [read post]
24 Jun 2016, 8:26 pm
If Opposer can prove this allegation the application will be deemed void ab initio. [read post]
9 Feb 2016, 5:54 am
David Couture sought review of the CAFC's ruling [TTABlogged here] that his application to register a service mark for certain entertainment services was void ab initio because he had not "rendered" the services prior to the date of filing his use-based application.Read comments and post your comment here.Text Copyright John L. [read post]
23 Aug 2023, 12:00 am
This paper examines ABS as a mechanism, its use in public health, and argues that ABS is fundamentally flawed, unable to achieve equity. [read post]
19 May 2015, 5:25 am
Art. 10 Abs. 1 MSchV in fine). [read post]
19 May 2015, 5:25 am
Art. 10 Abs. 1 MSchV in fine). [read post]
8 Apr 2014, 6:52 am
Leclercq), filed an application to register the BEARWW mark under Section 1(a) of the Trademark Act. [read post]
