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31 Aug 2023, 10:00 pm
While the infringement action concerned only certain goods and services for which the EU trade mark was registered, the counterclaim was aimed at having the EU trade mark declared invalid in its entirety. [read post]
11 Nov 2009, 5:02 am
If I register German generic term A as a trade mark where it's not generic, eg Spain, in order secure registration of A.eu, but it is my intention to use the domain name A.eu in respect of the goods or services for which A is registered, have I used the mark?] [read post]
5 Mar 2020, 11:02 am
They were being used for the same goods, which were sold in the same shops. [read post]
6 Mar 2017, 6:49 am
Rather, it had to be shown that the public reliedon the mark as indicating the origin of the goods. [read post]
27 Sep 2016, 6:53 am
Rainmaker Q&A: Podhurst Orseck’s Steven Marks Law360, New York (September 22, 2016, 5:30 PM EDT) — Steven C. [read post]
31 Dec 2020, 10:20 am
It therefore concluded that the shape of the mark was the result from the nature of the goods themselves and the shape of goods was also necessary to obtain a technical result.Crocs appealed the cancellation decision to the Swedish Patent and Market Court of Appeal.Cancellation on the basis of ‘a shape of mark which is the result from the nature of the goods themselves and/or necessary to obtain a technical result’According to settled case… [read post]
2 Feb 2015, 3:28 am
" The Board therefore found that Kate Middleton’s identity was of sufficient fame or reputation that when Applicant’s mark PRINCESS KATE and ROYAL KATE are used in connection with Applicant’s goods, a connection with Kate Middleton will be presumed.And so the Board found that both marks falsely suggested a connection with Kate Middleton, and it therefore affirmed the Section 2(a) refusal.Section 2(c): Section 2(a) of the Lanham act bars… [read post]
26 Sep 2022, 12:20 pm
(Canon, C-39/97, ECLI:EU:C:1998:442, para. 23, stating the factors to be taken into account when comparing goods or services: inter alia, their nature, intended purpose, method of use, and if they are complementary or in competition with each other). [read post]
26 May 2010, 8:44 am
If buyer C truly didn’t know about the sale to B, then C gets the mark and B loses out. [read post]
12 Dec 2022, 4:33 am
Denimci Dis Ticaret Pazarlama Anonim Sirketi, Opposition No. 91264198 (December 6, 2022) [not precedential] (Opinion by Judge C. [read post]
30 Apr 2021, 4:30 am
The mark was therefore considered descriptive pursuant to Article 7(1)(c) of Regulation 2017/1001 (the EU trade mark regulation (EUTMR)).The decision is interesting since it exposes the difficulties in registering terms that, whilst fanciful, are perceived as being associated with meditation practices. [read post]
1 Jun 2023, 9:08 am
It argued, inter alia, that the signs Consist exclusively of shapes which are necessary to obtain a technical result (Sec. 3(2) no. 2 German Trade Mark Act (GTMA), implementing Art. 4(1)(e)(ii) of the EU Trade Mark Directive (‘EUTMD’)); Consist exclusively of shapes which give substantial value to the goods (Sec. 3(2) no. 3 GTMA, implementing Art. 4(1)(e)(iii) EUTMD); Lack distinctiveness (Sec. 8(2) no. 1 GTMA, implementing Art. 4(1)(b) EUTMD); and Are… [read post]
17 Apr 2014, 3:13 pm
Some of the changes were introduced a year ago with Bill C-8, the Combating Counterfeit Products Act. [read post]
9 Apr 2010, 12:44 pm
This ruling gave heart to trade mark owners by clarifying that an action of trade mark infringement can be brought where breach of a 'channel of sale' obligation in a contract leads to the entry of luxury goods into the market without the brand owner's consent and thus puts the goods' aura at risk. [read post]
Save the Date: the Importance of the Date of First Use in Canadian Trade-mark Applications (for now)
16 Feb 2016, 5:30 am
However, the Opposition Board instead agreed with the Opponent’s submission that while the invoice was dated October 28, 2011 and goods were shipped to Canada from Chile on that date, the approximate date of arrival in Canada of those goods was not until January 26, 2012. [read post]
2 Jun 2017, 8:47 am
Com. 11 January 2017, No 15-15750, Bull: Monsieur X c. [read post]
29 Jan 2019, 8:02 am
Section 3(1)(c) of the UK Act only prohibits registration of marks which consist “exclusively” of the specified characteristics and the FUNTIME mark does not consist exclusively thereof. [read post]
9 Sep 2014, 1:05 am
§ 1125(c)(1)) dozens of Disney’s federal registered trade marks for Mickey Mouse (the "Mickey Marks"). [read post]
15 Apr 2024, 9:53 am
GMI sent a C&D to GMP in April 2022 (whoops!) [read post]
4 Mar 2013, 1:46 pm
More specifically, the enactment(a) creates new civil causes of action with respect to activities that sustaincommercial activity in infringing copies and counterfeit trade-marked goods;(b) creates new criminal offences for trade-mark counterfeiting that areanalogous to existing offences in the Copyright Act;(c) creates new criminal offences prohibiting the possession or export ofinfringing copies or counterfeit trade-marked goods, packaging or… [read post]
