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16 Jun 2016, 10:21 am
The AmeriKat trying, and failing, to solvea Rubik's cubeNever a fan of the Rubik's Cube (so hard to turn those sides with fuzzy paws), the AmeriKat missed Advocate General Szpunar's opinion in Case C 30/15 P - Simba Toys GmbH & Co. [read post]
19 Apr 2011, 2:16 am by IP Dragon
 I am interested to know why the Trade Mark Registry of the Hong Kong Intellectual Property Department did not refuse the registration of Polo Santa Roberta based on article 12 (3) Trade Marks Ordinance: "A trade mark shall not be registered if -(a) the trade mark is similar to an earlier trade mark;(b) the goods or services for which the application for registration is made are identical or similar to those for which the earlier… [read post]
9 Nov 2006, 9:46 pm
EUROCLASS is essentially a database containing a comprehensive list of terms and expressions for goods and services that have been accepted by participating trade mark offices, together with a search engine to facilitate access. [read post]
27 Jan 2014, 6:22 am
Stock, supra (internal quotation marks omitted). [read post]
21 Dec 2011, 1:05 am
Must Article 10(1) and (2) (a) of Directive 89/104/EEC [which was replaced by consolidating Directive 2008/95 in November 2008 but which many good folk, for reasons of sentiment or affection, continue to cite] be interpreted as meaning that in principle this provision generally precludes a national rule pursuant to which the use of a trade mark (Trade Mark 1) must be presumed even if the trade mark (Trade Mark 1) is used in a form differing from the form… [read post]
19 Mar 2009, 4:59 am
"Kristof informs the IPKat that the court, in a free translation into English, said as follows: "The concept of use in the sense of Article 9(1)(a), and 9(2)(d) ... applies to a situation, such as that of the main dispute at issue, where an intermediary, acting in his own name but on the account of the seller and therefore having no interest in the sale of goods to which he is a contracting party, uses a sign identical to a Community trade mark on business papers for the… [read post]
10 May 2021, 3:58 am by Fred Rocafort
If you record your marks with China Customs, it will contact you any time it discovers a shipment of possibly infringing goods. [read post]
11 Apr 2013, 5:47 pm by Milord A. Keshishian
Without the benefits of a trademark registration certificate establishing its priority rights, the Academy alleges and must now spend resources proving that it has been using the ACM trademark and ACM derivative marks since at least 1974 in association with services and goods in the country music industry. [read post]
19 Jan 2024, 3:49 am by Andrew Lavoott Bluestone
Co. of Am. v Housing Auth. of the City of El Paso, Tex., 87 NY2d 36, 44; C & B Enters. [read post]
29 Nov 2011, 8:34 am
(2) permissible to use the general words of the Class Headings of the International Classification of Goods and Services established under the Nice Agreement ... for the purpose of identifying the various goods or services covered by a trade mark application? [read post]
27 Mar 2023, 7:39 am by Nicholas J. Krob
§1052(e)(2), a trademark shall be refused registration on the principal register if it “[c]onsists of a mark which . . . when used on or in connection with the goods of the applicant is primarily geographically descriptive of them. [read post]
9 Jun 2016, 12:13 pm by Rebecca Tushnet
It’s TM policy: ordinary word marks provide information benefits when protected, and there are no harms b/c taking the words doesn’t do any harm. [read post]
20 Aug 2007, 6:08 am
So if you register a mark and do not sell of market goods with the mark, the mark could be canceled by anybody and then they would have an exclusive right to apply for that mark for three months. [read post]
25 Jan 2016, 1:31 am
You will only have one chanceTrade mark owners will soon be given a six-month, one-off window to bolster the scope of their pre-June 2012 CTM portfolios by making an “Article 28” declaration to the OHIM regarding the goods and services covered by their registrations. [read post]
16 Aug 2012, 4:09 am
POLO ASSN.' in Case C-327/11 P. [read post]