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24 May 2017, 7:41 am
The USPTO doesn’t have the time or resources to investigate whether a mark is in use, so the fact that the USPTO accepted a specimen does not provide any cover. [read post]
17 Apr 2011, 1:38 pm
The failing marks returned to the CPSC raise red flags to Southwest Floridians as the Memorial Day weekend approaches. [read post]
31 Oct 2017, 11:34 am
The BoA observed that for a EUTM application to be refused, it is sufficient that grounds under Art. 8(1)(b) exist only in part of the EU in light of the users likely to use both the goods covered by the earlier mark and the mark applied for. [read post]
10 Sep 2012, 7:01 am
and brick red all covered by Louboutin’s registration? [read post]
10 Nov 2010, 9:42 am
(Hint: pay close attention to the office wall at the 2:05 mark.) [read post]
17 Nov 2010, 8:49 am
Some highlights of the year as reported by the DOL: -Labor said there was a "marked increase" in measures targeting integrity. [read post]
24 Aug 2015, 3:31 pm
In essence, the Board of Appeal agreed with the Opposition Division that the goods covered by the respective marks were identical. [read post]
5 Aug 2024, 7:26 am
This volume covered ten cases on various aspects of trade mark law, including the non-use period of a trade mark and trade mark acquiescence, platform liability, taking unfair advantage of the goodwill and reputation of another trade mark, the role of post-sale confusion in the assessment of likelihood of confusion, the difficulties of proving acquired distinctiveness for colour marks and maintaining their registration, the relevance and… [read post]
13 Jan 2022, 6:20 am
Mark and I dig into the growing enthusiasm for regulating big Silicon Valley companies as gatekeepers. [read post]
3 Oct 2016, 8:08 am
The Board, however, pointed out that third-party registrations do not show what happens in the marketplace or whether consumers are familiar with the marks.Third-party registrations may show the sense in which a mark is used in ordinary parlance, but here the registrations cover a wide variety of goods and services, not those of the application or cited registration, and many of the registrations include additional wording and/or additional design elements that produce a different… [read post]
16 Sep 2013, 5:38 am
Moreover, even if that mark enjoys a high distinctive character, and whilst taking account of the identical character of the goods in question, the very weak conceptual similarity, requiring prior translation, cannot, in the circumstances of the case, be sufficient to create, in itself, a likelihood of confusion on the part of the target public .... 60 Therefore, it must be held that the Board of Appeal was wrong to find the existence of a likelihood of confusion on the part of the… [read post]
4 Aug 2019, 6:39 am
Pride rainbow flagThis said, according to the EUIPO Trade Mark Guidelines, with regard to article 7(1)(i), registration can be denied for those badges, emblems or escutcheons that “have not been communicated in accordance with Article 6ter (3)(a) PC, regardless of whether they are the emblems of a state or international intergovernmental organisation within the meaning of Article 6ter (1)(a) or (b) PC, or of public bodies or administrations other than those covered by… [read post]
27 Jul 2020, 6:52 am
The assessment must be a global one, taking into account the similarity between the marks and goods covered by the marks in question. [read post]
9 Jul 2009, 9:56 am
Siegel covers rationing & triage, futility, advance directives, and surrogates. [read post]
11 Jul 2012, 12:29 pm
This year marks the 104th annual meeting of the National Governors Association. [read post]
7 Sep 2012, 2:48 pm
This, the 39th blog on LXBN from Fox Rothschild, covers legal malpractice defense and avoidance. [read post]
8 Jul 2010, 5:21 am
Secretary of Labor Hilda Solis marked the occasion by calling for an expansion of collective bargaining in the Huffington Post: Collective bargaining helped create our middle class. [read post]
3 Sep 2013, 7:00 am
The LCR requires internationally active banks to hold sufficient liquid assets to cover their expected net cash outflows under a 30-day liquidity stress scenario. [read post]
29 Oct 2021, 11:04 am
At the nine-month mark, for the 805 positions being tracked by the Partnership for Public Service and The Washington Post, the Biden administration had only 155 confirmed leaders (and 209 term appointees or holdovers). [read post]
27 Jan 2016, 3:06 pm
In the WSJ, Jim Carlton and Devlin Barrett also cover the latter point.Personally, I have little use for people who protest by occupying property that is not theirs and has nothing to do with the dispute. [read post]
