Search for: "Mark C. Good"
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30 Jan 2020, 6:51 am
After all, under the CJEU's broad test for similarity of goods as set out in C-39/97 Canon, most of the goods that fall under the general specification "angling equipment" will be at least somewhat similar to "fishing rods". [read post]
9 Jun 2018, 1:16 pm
This was based on the existence of a link between the goods and services covered by the marks at issue, the substantial reputation of the earlier mark, the high degree of similarity between those marks and the sophisticated and iconic image conveyed by the earlier mark. [read post]
13 Dec 2010, 2:54 am
"Moreover, when an individual is so well known, he or she is entitled to the protection of Section 2(c) without having to show a connection with the involved goods or services. [read post]
7 Jan 2020, 2:01 am
The Board agreed with Examining Attorney Aretha C. [read post]
30 Mar 2020, 12:13 pm
By: Stacey C. [read post]
30 May 2023, 12:00 am
The examiner found that the trade mark applied for was descriptive and not capable of designating the geographical origin of the goods. [read post]
3 Jan 2018, 3:49 am
Kabushiki Kaisha Donq d/b/a Donq Co., Ltd., Opposition No. 91204129 (December 28, 2017) [not precedential] (Opinion by Judge George C. [read post]
2 Mar 2019, 2:17 am
This was because the curved shape towards the inside of the sign from both ends of the black element differ from the ordinary representation of the letter ‘v’ and thus made it closer to the representation of a heart.Novartis v EUIPO concerned situations in which the trade mark applied for was either a three-dimensional mark consisting of the appearance of the designated goods, or a figurative mark consisting of a two-dimensional representation of those… [read post]
23 Aug 2021, 4:08 am
The Board concluded that Opposer Agile failed to prove by a preponderance of the evidence that confusion is likely, and so it dismissed Agile's Section 2(d) claim.Although the marks are similar, Opposer’s HUDL mark is quite strong in the high school sub-market for the goods and services for which it is registered, and Applicant’s goods may be subject to impulse purchase by some consumers, we give greater weight in our analysis to the stark… [read post]
21 Oct 2015, 11:08 am
In the second part of her presentation, Elena covered EU cases concerning various types of non-traditional marks including olfactory (Sieckmann C-273/00), 3D (Philips C-299/99 and Lego C-48/09), sound (Shield Mark C-283/01) and colour marks (Libertel C-104/01 and Heidelberger C-49/02). [read post]
14 Sep 2021, 10:18 pm
Cadbury then sought to invalidate the mark and a decade-long dispute ensued, with the Court of Justice of the European Union ultimately handing down judgment against Nestlé in 2018 (Joined Cases C‑84/17 P, C‑85/17 P and C‑95/17 P). [read post]
14 Sep 2021, 10:18 pm
Cadbury then sought to invalidate the mark and a decade-long dispute ensued, with the Court of Justice of the European Union ultimately handing down judgment against Nestlé in 2018 (Joined Cases C‑84/17 P, C‑85/17 P and C‑95/17 P). [read post]
4 May 2022, 3:48 am
In re Marissa Paine, Serial No. 90039694 (May 1, 2022) [not precedential] (Opinion by Judge George C. [read post]
20 Nov 2018, 3:46 am
In re Richard Rawlings’ Garage, LLC, Serial No. 87039427 (November 16, 2018) [not precedential] (Opinion by Judge George C. [read post]
12 Jun 2022, 3:03 am
The EUIPO examiner refused the application pursuant to Articles 7(1)(f) and 7(2) EUTMR in respect of all the goods applied for. [read post]
27 Aug 2018, 6:32 am
In the earlier Portakabin case, the trader who had de-branded the original goods was still using the plaintiff’s mark, albeit as an AdWord (C-558/08, para. 86). [read post]
25 Jun 2020, 8:24 am
That is good news because it will free up lawyers from more rote work. [read post]
13 Mar 2019, 5:20 am
A lesser degree of similarity between these goods or services may be offset by a greater degree of similarity between the marks, and vice versa (C-39/97, Canon & C-342/97, Lloyd Schuhfabrik). [read post]
13 Jan 2023, 2:00 am
By recalling some decisions of the Court of Justice of the European Union on the requirement of distinctive character and its evaluation (C-473/01 and C474/01, C-64/02, C-398/08, C-139/16), the Italian Supreme Court stated that it cannot be excluded per se the possible registration of a word trade mark for its laudatory or commercial use, when the sign can be perceived by the relevant public simultaneously as a promotional formula and an indication of the… [read post]
2 May 2019, 5:45 am
Furthermore, the public perceives a mark as a whole and does not proceed to analyse its various details (C-342/97, Lloyd Schuhfabrik).The Board then went on to note that registration of a trade mark which consists of indications that are also used as advertising slogans are not precluded from registration per se. [read post]
