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22 Sep 2009, 9:00 am
We have a nice student post today on the motion filed by Mark Cuban for attorneys fees against the Commission alleging bad faith in connection with the investigation. [read post]
1 Oct 2014, 1:57 pm
As quoted in CIPO’s press release: “The proposed regulatory amendments to the Trade-marks Regulations are required to enable Canada to accede to the Singapore Treaty on the Law of Trademarks, the Protocol relating to the Madrid Agreement concerning the International Registration of Marks and the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. [read post]
27 Feb 2019, 5:13 pm
As we have reported previously, the Canadian Trade-marks Act is set to undergo significant changes as of June 17, 2019. [read post]
27 Feb 2019, 5:13 pm
As we have reported previously, the Canadian Trade-marks Act is set to undergo significant changes as of June 17, 2019. [read post]
12 Jul 2007, 4:25 am
It's Roberts Mardula & Wertheim's new search tool, which allows anyone to search Nice Agreement IDs so that they can classify goods and services for trade mark registration (and indeed opposition and cancellation) purposes. [read post]
30 Aug 2018, 3:06 am
It's not many years ago - OK, it is quite a few years ago, but it's within living memory - that the UK government thought it would be a nice idea to replace the EU-exhaustion rule with an International-exhaustion one - so if the trade mark owner had placed the goods on the market anywhere in the world they would be unable to resist parallel imports into the EU. [read post]
28 May 2007, 10:37 am
OUP describe it as a handy desk reference for proper classification of goods and services in trade mark applications, incorporating and highlighting recent changes under the 9th Edition of the Nice Agreement Classification, effective from 1 January 2007. [read post]
19 Dec 2022, 5:02 pm
This blog has on several occasions reported on decisions related to non-conventional trade marks [see for instance and recently IPKat posts here, here and here].Adding to the now abundant case law on such marks with a pinch of ‘genuine use’ this time’, readers will be happy to learn that, a few days ago, the General Court issued yet another interesting judgment (Case T‑553/21) (available only in French and German) concerning the question of whether the use… [read post]
27 May 2020, 5:14 am
Whilst this would not necessarily prevent the mark from being registered, the mark would still have to be able to indicate commercial origin and enable consumers to distinguish the goods covered by the mark from those of competitors. [read post]
3 Dec 2020, 1:30 am
” In other words, they couldn’t see the problem with having marked their own homework. [read post]
30 Dec 2018, 4:13 am
The more distinctive the earlier mark, the greater the risk of confusion, and marks with a highly distinctive character, either per se or because of the reputation they enjoy on the market, enjoy broader protection than marks with a less distinctive character (Canon, C-39/97). [read post]
8 Nov 2018, 3:04 am
Rightsholders will be able to bring a claim of infringement in relation to preparatory acts in the use of packaging and labels.Registration of Non-Traditional Trade MarksJeremy Blum from Bristows nicely complemented Marks talk, by going into more detail on the removal of “graphical representation” requirement. [read post]
31 Jan 2019, 11:30 pm
This new and significantly expanded edition, which builds on the two previous editions of the Concise European Trade Mark and Design Law, includes the full texts of the new Implementing and Delegated Acts – available in no other book – as well as a collection of other texts that are needed in daily practice, such as excerpts from the Rules of Procedure of the General Court, the Paris Convention, the Madrid Protocol and the Nice Agreement, the Nice… [read post]
23 May 2011, 1:14 pm
It's nice every once in a while to be recognized for growing up, becoming more capable and mature. [read post]
1 Oct 2017, 4:34 am
Are the signs represented below, registered as trade marks for the same goods (clothing, footwear, headgear) in Class 25 of the Nice Classification confusingly similar, so that the one on the right hand side cannot be a valid EU trade mark (EUTM)? [read post]
13 Jun 2018, 8:26 am
" I wonder why the drafter of the trade marks directive and the regulation on the EU trade mark didn't see fit to put it that way? [read post]
15 Aug 2016, 2:28 pm
In a nice little post on Above the Law earlier today, contributor Mark Herrmann nicely summarized a skill that so many students tend to struggle with -- the degree of approximation necessary (and appropriate) when dealing with facts in court... [read post]
3 Jun 2013, 4:01 am
Nice essay by Mark Rowlands (Miami). [read post]
27 Jan 2009, 4:29 am
That was the case with this artist-produced recording of English songs, performed by baritone Mark Stone and pianist-composer Stephen Barlow. [read post]
15 Mar 2008, 2:58 pm
Tomorrow marks round two of the SWVR SCCA autocross season for 2008 (our January even got cancelled due to bad weather). [read post]
