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24 Mar 2012, 12:07 pm by Shawn Wright
 Fortunately though, there are some good ways to avoid having to ultimately pay the tax. [read post]
19 Feb 2015, 2:37 pm
  Infringement under Article 9(1)(a) [“double identity”: same mark, same goods and/or services]Here, Arnold J said, the burden is on the defendant to show the use does not affect or is not liable to affect the functions of the trade mark, and the DHL dictum makes sense. [read post]
24 Apr 2014, 1:47 pm
There has been talk of establishing a specialised trade mark court or IP court. [read post]
30 Jul 2019, 12:00 am
In a recently published case (C-668/17 not yet available in English at the time of writing), the EU Court of Justice answers the question in the negative. [read post]
28 Mar 2014, 4:01 am
The articles did not mention the two individuals.Section 2(c) of the Trademark Act prohibits the registration of any mark that "[c]onsists of or comprises a name ... identifying a particular living individual except by his written consent." [read post]
19 Jan 2023, 9:06 am by Nedim Malovic
As a result, such a mark would be considered as describing the thematic content of those services.The applicant did not submit any observations within the time limit set by the EUIPO and the application was therefore rejected pursuant to Articles 7(1)(b) – (c) and 7(2) of the EUTMR.CommentThe question of characters as trade marks is not new, and only a few weeks ago The IPKat reported on a series of applications for figurative marks representing historical… [read post]
2 Feb 2020, 11:28 pm
Last week, this Kat published a post on the issue of trade mark registrations suffering from a lack of clarity [here] following the Court of Justice of the European Union (CJEU)'s decision in C-371/18 Sky v. [read post]
16 Sep 2015, 3:20 am
In this respect ‘use of the mark as a trade mark’ "must be understood as referring solely to use of the mark for the purposes of the identification, by the relevant class of persons, of the goods or services as originating from a given undertaking" (para 63). [read post]
4 Sep 2014, 1:18 pm
As such, the complaint argues that it offers services related to Chanel’s goods and services, and infringes Chanel’s trade marks. [read post]
19 Aug 2021, 11:09 am by Nedim Malovic
The average consumer normally perceives a mark as a whole and does not engage in an analysis of its various details (OHIM v Shaker (C‑334/05 P)).The Applicant had submitted that there could be no likelihood of confusion because there was no similarity between the goods. [read post]
12 Oct 2020, 2:30 am by Nedim Malovic
It implies some interdependence between the factors taken into account, in particular the similarity between the signs and the goods or services covered, in the sense that 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).The average consumer of printed publications, clothing, or beer has no reason to believe that all trade marks that show scenes… [read post]
22 Apr 2016, 4:53 am
 To overcome this seemingly fatal hurdle, Cadbury argued that the registration in question was in fact a series of marks in accordance with s.41 of the UK Trade Marks Act 1994 – 41. - (1) Provision may be made by rules as to - (a) the division of an application for the registration of a trade mark into several applications;(b) the merging of separate applications or registrations;(c) the registration of a series of trade marks. [read post]
10 Feb 2015, 9:42 am by Rebecca Tushnet
  This was when Teal Bay discovered Southbound’s efforts and sent a C&D referencing the PTO rejection. [read post]
3 Dec 2019, 1:30 am
Accordingly, a lesser degree of similarity between the goods or services in question, may be offset by a greater degree of similarity between the marks, and vice versa (C-39/97, Canon).For the purpose of the global appreciation, the average consumer of the category of goods or services concerned is deemed to be reasonably well informed and reasonably observant and circumspect. [read post]
24 Dec 2013, 4:30 am by Tim Sitzmann
To Correctly Consider the Closeness of these “Cmarks, how about we look at marks registered for baseball Caps or athletic goods? [read post]
27 Jun 2024, 4:12 am by Eleonora Rosati
The judgment is not the first decision of the CJEU in this field, as the CJEU had already commented on the requirement of graphic representation of sound marks in its judgment 'Shield Mark' (C-283/01). [read post]
22 Dec 2022, 4:18 am
"[C]onsumers may easily distinguish Applicant’s mark from Opposer’s “S” shield and design marks. [read post]