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10 Jan 2015, 3:30 am by WOLFGANG DEMINO
Unlike some other debt collection attorneys, Rechner does not attach the cardmember agreement or any other exhibits to his collection suit petitions; nor does he serve any discovery requests with the initial pleading. [read post]
1 Jun 2010, 2:04 pm by The Docket Navigator
The patent number itself does not provide members of the public with the expiration date of the patent. [read post]
16 May 2018, 11:03 am by Camilla Alexandra Hrdy
Mixing up multiple registered trademarks on counterfeit goods does not necessarily suffice.3. [read post]
8 Jul 2012, 9:30 pm by Darren
The Principles- Likelihood of ConfusionAs summarised by the UKIPO, are as follows: (a) the likelihood of confusion must be appreciated globally, taking account of all relevant factors; (b) the matter must be judged through the eyes of the average consumer of the goods/ services in question; who is deemed to be reasonably well informed and reasonably circumspect and observant - but who rarely has the chance to make direct comparisons between marks and must instead rely upon the imperfect… [read post]
15 Apr 2022, 10:16 am by Holly Brezee
Submitting this form does not create an attorney-client relationship.PhoneThis field is for validation purposes and should be left unchanged. [read post]
5 Jan 2010, 8:08 pm by Jim Singer
The Court noted that the Patent Act still allows courts to ensure that false marking litigation does not result in judgments that far outweigh the costs of goods sold. [read post]
10 May 2012, 2:17 pm by Andrew Berger
If it does, and you have paid the $100 fee per class to the PTO, it will quickly certify the application and pass it along to the World Intellectual Property Organization (“WIPO”) in Geneva, Switzerland. [read post]
20 May 2021, 7:04 am by Neil Wilkof
Further elements that are actually used by the trade mark owner, but that are not part of the relevant trade mark, are not relevant.The Supreme Court also disagreed with the defendant that since trade marks are freely transferrable and assignable, the fact that the same sign is used by an assignee does not lead the public to believe that the same business is being continued. [read post]
12 May 2009, 4:27 am
Please find the DPMA's statement below, which does in fact tell us very little but which is nonetheless interesting, particularly when compared to the OHIM's earlier statement (here):"Several application procedures are pending at the DPMA that refer to US President Obama, his wife or his family.This relation is most clearly shown in the case of eleven applications which apply for the registration of the complete surname 'Obama' or 'OBAMA' either as sole… [read post]
15 Jul 2015, 9:33 am by The Dear Rich Staff
For example, does a registration in Class 9 for an app give the trademark owner exclusive rights for everything in Class 9? [read post]
18 Jan 2017, 10:54 am by Dennis Crouch
CONNELL: In this case, the government has used the disparagement clause to selectively deny those legal benefits to a mark holder expressing negative views that the government favors, as opposed to mark holders who received those benefits because they express neutral or positive views that the government does favor. . . . [read post]
18 Nov 2015, 3:15 am
As to the word mark registrations, even if the subject composite marks are dominated by the word portions, that does not mean that the entire word + design marks are not confusingly similar.Finally, the Board found petitioner's evidence of actual confusion to be highly probative, even though it was not clear that many of the confused customers were referring to the word marks as opposed to the design marks.Balancing the relevant du Pont factors, the… [read post]
10 Nov 2016, 3:22 am
(Click on photo for larger picture)The issue of "mutilation" may arise when the mark as depicted in a trademark specimen does not match the mark depicted in the application drawing. [read post]
25 Mar 2016, 5:17 am by Rebecca Tushnet
  So, does the Fourth Circuit now have a famous foreign marks doctrine, like the Ninth?] [read post]
2 Aug 2010, 5:50 am by Sara Stadler
” But the trademark owner doesn’t have that right unless the law says it does. [read post]
23 Oct 2012, 2:42 pm by tom
  Unlike a trademark, a certification mark is not used by its owner and does not indicate commercial source (the same mark could be found on products from a variety of manufacturers). [read post]
29 Mar 2016, 12:30 pm
He does so by way of scratching below the surface with incision. [read post]
21 Sep 2018, 6:00 am by Kyle Kroll
An applicant does not need to register an otherwise-registrable mark as a hashtag mark in order to protect the mark if hashed. [read post]