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24 May 2013, 4:00 am
Deceptive trademarks (unlike deceptively misdescriptive marks under Section 2(e)(1)) are not eligible for registration via Section 2(f) acquired distinctiveness.A mark is deceptively misdescriptive if it satisfies the first two prongs of the test set forth above. [read post]
28 Jan 2019, 6:14 am
Therefore, the request for a declaration of invalidity was unfounded and rejected since there is no earlier right within the meaning of Article 60(2) (d) EUTMR.Therefore, there was no need to decide on whether the cancellation applicant was able to meet the requirements of invalidity laid down by Article 60(2) (d) EUTMR. [read post]
6 Feb 2015, 6:28 am
That argument comes from 19 CFR 134.47.The nub of the issue comes down to whether Customs' definition of "trademark" for purposes of interpreting the regulation is correct. [read post]
27 May 2021, 3:47 am
"A mark is unitary if it creates a single, distinct commercial impression. [read post]
15 Mar 2019, 6:00 am
The case marked the first time the Supreme Court looked at whether the child luring provisions of the Criminal Code violated the Charter; the high court decided that it did in declaring the “presumption of belief” regarding age contained in the provisions to be of no force and effect. [read post]
8 Aug 2008, 7:17 am
I was reminded yesterday that this week marks the 63rd anniversary of the bombings of Hiroshima (Aug. 6th) and Nagasaki (Aug. 9th). [read post]
OKAY, LOTS OF PEOPLE LOVE THE RADIO-CONTROLLED HELICOPTER I’ve mentioned before. But here’s a cauti…
6 Apr 2011, 3:20 pm
they can’t maintain altitude and drift down slowly even at max throttle. [read post]
5 Jun 2013, 3:00 am
Mark the commercial litigator was constantly writing down his bills because of his “leave no stone unturned” approach to research and preparation of his files. [read post]
2 Dec 2019, 11:45 am
Eddie Bauer already had a Supplemental Registration for the same mark for clothing with down, so in 2008 it was treated as merely descriptive, but capable. [read post]
26 Dec 2013, 8:56 am
Recently, the Trademark Trial Appeal Board came down with a decision in favor of the Brooklyn Nets, the opposer in the proceeding, reaffirming its previous holding, which voided the trademark application of the WWW.BROOKLYN-NETS.TV’s mark. [read post]
26 Dec 2013, 8:56 am
Recently, the Trademark Trial Appeal Board came down with a decision in favor of the Brooklyn Nets, the opposer in the proceeding, reaffirming its previous holding, which voided the trademark application of the WWW.BROOKLYN-NETS.TV’s mark. [read post]
26 Dec 2013, 8:56 am
Recently, the Trademark Trial Appeal Board came down with a decision in favor of the Brooklyn Nets, the opposer in the proceeding, reaffirming its previous holding, which voided the trademark application of the WWW.BROOKLYN-NETS.TV’s mark. [read post]
3 Nov 2021, 5:01 am
On Oct. 28, Facebook CEO Mark Zuckerberg announced that he was changing his company’s name to reflect Facebook’s shift in focus from a social media company centered around one product, Facebook, to one that “reflects the full breadth of what we do. [read post]
26 Apr 2010, 2:51 am
Perhaps Quantum should file a service mark application? [read post]
22 Oct 2013, 7:53 pm
Click it, and you'll scroll right down to the comment you previously marked (if it's on the present page). [read post]
28 Apr 2011, 11:13 am
Maybe it is time for a Navy leadership 101 stand down? [read post]
27 Oct 2010, 8:44 am
Mark and Dave let him off way too easy. [read post]
9 Aug 2010, 1:06 am
That challenge may not be a legal challenge, at least not initially, but it would well be a reputational or brand-related challenge down the line. [read post]
6 Jan 2015, 8:46 am
(b) Is the repair clause set out in Article 14 of Directive 98/71 and Article 110 of Regulation ... 6/2002 to be interpreted as constituting a subjective right for third-party producers of replacement parts and accessories and, if so, does that subjective right include the right for such third parties to use the trade mark registered by another party in respect of replacement parts and accessories, by way of derogation from the rules laid down in Regulation ... 207/2009 and… [read post]
29 Aug 2014, 7:30 am
Merpel guesses that it's because the Oberlandesgericht Düsseldorf decided it knew the answers after all, but this Kat thinks there may be a more prosaic answer ...Here's a different sortof ice bucket challengeBucketing down. [read post]
