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3 Dec 2010, 5:53 am
The False Marking Statute makes no reference to the proclivity of a particular instance of false marking to negatively affect competition, and does not purport to exempt false markings that would not deter competitors in a given case. [read post]
22 Aug 2013, 3:00 pm
It indicated that its three members ‘were not aware of the market presence in the Community of bottles used for selling beverages shaped like [the contested trade mark] in May 2003’ (date of application of the trade mark) and that they were instead familiar with bottles having a curved shape, either in the middle or the upper part. [read post]
29 Mar 2012, 8:17 am
However, such marks may still be registrable on the basis of acquired distinctiveness in Canada or registration and acquired distinctiveness abroad. [read post]
22 Jun 2017, 3:23 pm
All photos by Forrest French Marks Thomas, an award-winning, WBE certified, Baltimore-based architecture firm, celebrated its 50th anniversary May 18 with a get-together to debut its rebranded corporate logo and a look ahead to the future. [read post]
23 Mar 2016, 3:34 am
As to connotation, Petitioner's marks suggest an Italian brand of coffee, whereas Respondent's mark does not.The CAFC has recognized that a single du Pont factor may be dispositive, "especially when that single factor is the dissimilarity of the mark. [read post]
27 Apr 2019, 12:21 am
Trade mark squatting may turn to be more subtle and more sophisticated. [read post]
21 May 2007, 2:09 am
With reference to an IPBiz post on Sunday, May 20, I was duly chastised by an IPBiz reader for including text suggesting Mark Lemley was a patent lawyer. [read post]
24 Mar 2015, 12:44 pm
(2) May the principles laid down by [the CJEU] regarding the genuine use of a Community trade mark be applied in the context of the territorial criteria used when examining the reputation of such a mark? [read post]
9 May 2024, 6:10 am
The EUIPO recalled that, while the criteria for assessing distinctiveness are the same for the different categories of trade marks, it may become evident when applying these criteria that the expectations of the relevant public are not necessarily the same for all categories of trade marks and that, therefore, it may be more difficult to establish the distinctiveness of some categories of trade marks than others (C-456/01). [read post]
19 Dec 2012, 6:41 am
Hrdlicka stated that: [22] I find, therefore, that a trade-mark which appears on a computer screen website in Canada, regardless where the information may have originated from or be stored, constitutes for Trade-Marks Act purposes, use and advertising in Canada. [read post]
24 May 2010, 12:25 pm
Mays. [read post]
12 May 2009, 4:27 am
The IPKat recently reported (see the IPKat's post of 23 April 2009 here) about a 'curious' press release by Office for Harmonisation in the Internal Market's (OHIM) concerning an OBAMA trade mark on the Community trade mark register ("You may have seen that there has been an EFE story that OHIM has registered "OBAMA" as a Community trade mark. [read post]
19 Mar 2013, 8:28 am
Though many consumers familiar with the brand may recognize the above sweatshirt as a Lululemon product, the TTAB found that the general public is likely to perceive the subject mark as merely ornamental, and refused to grant it registration. [read post]
11 Jun 2009, 7:18 pm
The social network said that anybody that signed up for a profile after May 31 may not be able to sign up for a username immediately. [read post]
26 Sep 2017, 6:51 am
Given that in each EU Member State there may be a national body charged with the certification of the qualified trust services there may be 28 entities that might be the legitimate holders of a certification mark in each EU jurisdiction. [read post]
21 Mar 2008, 5:00 am
Pro Se Applicant Dakota Motorcycles [yes, corporations may appear pro se before the TTAB - ed.] ran smack into a roadblock in its attempt to register the word-and-design mark shown immediately below, for motorcycles. [read post]
10 Jun 2010, 9:22 am
However, some defendants may not have the same advice-of-counsel excuse. [read post]
3 May 2009, 8:11 pm
About 3,000 delegates from across the country attend a grand gathering on May 4, 2009 in Beijing, to mark the 90th anniversary of the "May Fourth Movement. [read post]
7 Feb 2014, 2:26 am
The evidence does not show that confusion did not occur during the time in which the trade marks were marketed. 26 Only under special circumstances may the Board consider evidence of the coexistence of the marks in the market. [read post]
9 Jul 2013, 3:13 pm
I'm not sure, for a couple reasons.First, the ultimate purchaser of the components may not be the retail customer. [read post]
