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31 May 2024, 12:02 pm by Alessandro Cerri
As a reminder, in order for a trade mark to possess distinctive character for the purposes of Article 7(1)(b), it must serve to identify the goods or services in respect of which registration is sought as originating from a particular undertaking, and therefore distinguish those goods from those of other undertakings (Promed, T-30/20). [read post]
31 May 2024, 4:29 am by Verena von Bomhard (BomhardIP)
The Court held that, contrary to the Board’s decision, and despite both marks covering identical goods (fresh fruit), the EUTM consisting of the figurative mark Red Queen shown above was not confusingly similar to the word mark CHIQUITA QUEEN. [read post]
30 May 2024, 1:00 am by Anna Maria Stein
This decision follows the Lionel Messi case (C-449/18 see The IPKat here), where the personal fame and reputation of the world-renowned football player were deemed relevant for trade mark registration, and the Picasso case (C-361/04 see The IPKat here). [read post]
28 May 2024, 8:00 am by Gene Takagi
As is the case with most good conferences, the learnings from presenters, like those captured in my blog posts, capture only part of the benefits of attending. [read post]
24 May 2024, 9:03 pm by Joe Whitworth
Some goods showed signs of improper storage and freezing. [read post]
22 May 2024, 9:05 pm by Dan Flynn
  The recalled product is: “Crabmeat: Jumbo, Lump, Finger, and Claw meat” The product comes in a 1-pound tub package marked with license number AL 111-C with the company name “Irvington Seafood. [read post]
20 May 2024, 4:38 am
It affirmed a refusal to register, on the Supplemental Register, the term CINNAMON DONUT STOUT for "beer" [STOUT disclaimed], finding it to be generic for the goods under Sections 23(c) and 45. [read post]
19 May 2024, 10:27 pm by Marcel Pemsel
Castelbajac is still the designer of the goods cannot affect the trade mark itself, even if it were held to be deceptive. [read post]
18 May 2024, 2:48 pm by Larry
" This review is of a different product from Kent Displays, but probably gives a good idea of how the Dashboard works. [read post]
17 May 2024, 4:43 am by Matthias Weller
  Union Jack and European Union flag 2012 © Dave Kellam (CC BY-SA 2.0 Deed) Today marks a significant step towards the reconstruction of EU-UK Judicial Cooperation. [read post]
16 May 2024, 12:11 pm by centerforartlaw
In the case of celebrated painter Mark Rothko’s estate, his children filed suit to remove the estate’s executors, the Marlborough Gallery, for “conspiring to waste the assets of the estate. [read post]
15 May 2024, 2:15 am by Anna Maria Stein
By decision dated 18 October 2022, the Examiner rejected the trade mark registration under Article 7(1)(b) and (c) EUTMR as the requested trade mark was deemed to be descriptive and lacked distinctiveness. [read post]
13 May 2024, 6:19 pm
It includes situations inwhich public authorities are the exclusive actor, in which they impose their choices, but it27also includes situations in which they co-act with private actors to achieve a public good,or even the effort to design the latter. [read post]
13 May 2024, 3:55 am
In this case, it is undisputed that Applicant’s single word mark ARBATA is the Lithuanian word for “tea;” that the identified goods consist of “tea;” and there is no other meaning in English of the word “arbata. [read post]
6 May 2024, 9:20 am by Eugene Volokh
I unfortunately can't tell who is behind this; some deindexing requests have submitters' names attached, but those could be just as fake as the rest of the request, and in any case this one was marked "[REDACTED]," whether by Google or by Lumen. [read post]
5 May 2024, 6:44 pm
Pix credit here The Hong Kong National Security law has attracted a substantial amount of attention outside of HR-SAR (eg here, here), and generated the start of what is likely to be a lively judicial debate (eg here). [read post]
1 May 2024, 3:31 am by Alessandro Cerri
 In 2020, Maison Jean Patou (Patou), a French luxury fashion house, filed a notice opposition in respect of the Application (the Opposition) on the basis of a number of earlier rights, including its EUTM for the word mark JOY, which had been registered for goods in class 3 (cosmetics). [read post]