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3 Dec 2017, 7:44 pm
Bonnie Tseng, 112 USPQ2d 1039 (TTAB 2014) [precedential], where the Board concluded that the subject application was void ab initio for non use of the mark. [read post]
22 Apr 2009, 11:30 pm
Kraft claimed that Harpole's application was void ab initio because as of his filing date Harpole had admittedly not used his mark and it therefore was not eligible for registration on the Supplemental Register. [read post]
7 Nov 2022, 3:40 am
Nonuse: Nonetheless, the Board found that the parties' briefs and submissions "raise a question of Respondent's nonuse of its mark at the time of filing the underlying application that would render the registration void ab initio. [read post]
19 Nov 2009, 9:00 am
Unter Hinweis auf Art. 20 Abs. 2 MSchG i.V.m. [read post]
16 Sep 2022, 9:22 pm
This is a guest post on which I have collaborated with Takanori ABE, the founding partner of Japanese law firm ABE&PARTNERS. [read post]
17 Sep 2024, 11:16 pm
The Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v Fontana Food AB case concerned two trade mark applications for the words "GRILLOUMI" and "GRILLOUMAKI". [read post]
1 Feb 2024, 4:32 am
Remember, if a mark that is the subject of a Section 1(a) application is not in use in commerce as of the filing date, or not in use as of the filing date of an Amendment to Allege Use or a Statement of Use in a Section 2(b) application, the application is void ab initio. [read post]
30 Sep 2014, 2:49 am
District Court Upholds TTAB's "BUSHWACKER" DecisionPrecedential No. 29: After Partnership Breakup, TTAB Declares FAIRWAY FOX Application Void Ab InitioNon-Use/Specimen of Use: Precedential No. 38: TTAB Deems "BEAUTV" Use-Based Application Void Ab Initio Due To Non-UsePrecedential No. 37: TTAB Affirms Rejection of Web Page Specimen for Computer ServicesPrecedential No. 36: TTAB Reverses Refusal of Service Mark Specimen for Financial ServicesUSPTO… [read post]
20 Dec 2013, 10:06 am
[In this complicated case concerning ownership of the two marks shown immediately below, for restaurant services, the Board sustained Opposer Constantine's oppositions, ruling that applicant was not the owner of the marks at the time the applications were filed, and consequently, both of the opposed applications were void ab initio]. [read post]
13 Aug 2024, 3:12 am
Nonuse: The Board found the use-based application underlying the BLOOKE registration to be void ab initio because the mark was not in use for any of the identified goods as of the filing date. [read post]
12 Jan 2021, 5:54 am
” On November 30, 2020, in AB Stable VIII LLC v. [read post]
29 Jan 2016, 3:43 am
The possibility of revocation for non-use after five years is a separate "use it or lose it" provision clearly giving a trade mark owner reasonable time to expand the use of the mark across the scope of the registration, and giving third parties an opportunity to remove unused marks from the register. [read post]
3 Aug 2023, 4:05 pm
Courts have also held that a term that was generic at the time the party adopted the mark cannot receive protection, even if the public later views it as being specific to a particular producer. [read post]
26 Mar 2012, 12:02 pm
By: Mark S. [read post]
29 Mar 2021, 3:48 am
The Lexington Company, AB, Civil Action No. 19-cv-6239 (PKC) (SDNY March 23, 2010).Issue Preclusion: Plaintiff LFI argued that issue preclusion should bar Defendant from litigating whether its mark is likely to cause confusion, since the Board found that "because the marks are similar, the goods are related and the goods move in the same channels of trade and are sold to the same classes of consumers, [LCC’s] mark LEXINGTON and design for household… [read post]
23 Sep 2015, 6:15 am
The sales were made at the bookstore to two different individuals.The Board observed that an application filed under Section 1(a) is void ab initio if the mark was not in use in commerce in connection with the identified goods prior to the filing date of the application. [read post]
15 Jul 2024, 3:04 am
Nonuse: The Board observed that "an entire application is not deemed void ab initio if the applicant made use on any of the listed goods at the time the use-based application was filed. [read post]
9 Nov 2022, 5:16 am
In re Brio AB, Serial No. 90091387 (November 4, 2022) [not precedential] (Opinion by Judge Michael B. [read post]
27 Nov 2019, 3:04 am
Thread Group, Inc. , Cancellation No. 92065499 [Petition for cancellation of a registration for the mark THREAD for "Computer services, namely, providing an Internet site featuring technology facilitating wired and wireless communication among electronic and computer device" on the ground that the registration is void ab initio because the mark was not in use as of the date of Registrant's Statement of Use.December 10, 2019 - 11 AM: Sky International AG… [read post]
19 May 2015, 5:25 am
Art. 10 Abs. 1 MSchV in fine). [read post]
