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29 Apr 2013, 9:56 pm
A failure to do so may not only devalue the brand but also create possibilities for non family members to use the name.In the event that the family name is entitled to be used, then this should be recorded in a licence with rights accruing to the owner of the trade mark MANDELA.Two recent cases in RSA, involving the finance publication Bloomberg and the late Steve Biko, illustrate the comments made in this post and will be summarised for your consumption in a post in May. [read post]
16 Jun 2022, 3:29 am
TwoPointOh Games, Cancellation No. 92076580 (May 23, 2022) [not precedential]. [read post]
20 Apr 2016, 3:31 am
The fact that olive oil may be an ingredient in some of the items on Registrant's menu is not enough, by itself, to support a Section 2(d) refusal. [read post]
18 Sep 2013, 6:12 am
Also according to the Court, "[o]nce abandoned, 'a mark returns to the public domain and may, in principle, be appropriated for use by other actors in the marketplace, in accordance with the basic rules of trademark priority.'" [read post]
14 Apr 2016, 3:38 am
The identification of goods encompassea materials that may be purchased by do-it-yourself consumers and handymen at a building supply store like Home Depot of Lowe's. [read post]
1 Aug 2019, 3:26 am
"The consuming public, which is prone to shortening marks, could easily regard Registrant's mark SLINGER as a shortened version of Applicant's mark LIQUOR SLINGER DISTILLING. [read post]
11 Dec 2014, 3:23 am
But the Board did acknowledge that PHOTO, as the first term in each of the involved marks, may have slightly more prominence than the remainder of the marks.The Board found that the marks "resemble each" other visually and phonetically, and also in meaning, to the extent that both begin with the word PHOTO. [read post]
31 Jan 2007, 7:53 am
Guidance on TM examinationThe IPKat notes that the UK Patent Office has added an addendum to the Examination and Practice section of the Manual of trade mark practice.Rather sportingly, this provides a list of terms that may commonly be included in trade marks but which may be thought of as suggestive, and indicates what the examiner's attitude should be to each of them.The IPKat salutes the Patent Office's continued attempts to remove the element of… [read post]
21 May 2012, 10:19 pm
On May 22, 2012 a new bill called The Start-Up Act 2.0 will be introduced in Congress. [read post]
26 May 2013, 6:58 pm
May 26, 1978. [read post]
4 Jan 2023, 2:34 pm
“The Supreme Court May Kick Off 2023 With a Huge Ruling for Gun Rights; Without oral argument or full briefing, the case could take a hatchet to New York’s new concealed carry law — and countless more nationwide”: Mark Joseph Stern has this jurisprudence essay online at Slate. [read post]
28 Apr 2021, 11:40 pm
Monopoly may not be quite a favourite in the board gaming community, but the eponymous trade mark decision of last week by the General Court (GC) is sure to become a darling of trade mark professionals. [read post]
10 Mar 2021, 8:32 am
Section 1057(c) because of the registration of the Stethoscope Mark in 2006," the priority of which may be tacked onto the standard character mark. [read post]
25 Sep 2018, 3:56 am
In other words, Applicant’s mark is likely to suggest that its entertainment services or its bar and cocktail lounge may have a Mexican theme or that Mexican food, specifically tacos, may be served in conjunction with those services. [read post]
24 Aug 2021, 5:03 am
Under EU trademark law, a trademark may be revoked if it becomes a misleading indication as to the nature, quality or geographical origin of the goods or services it designates after the date on which it was registered, as a result of the use made of it by its proprietor or with its consent (Art. 58(1)(c) EUTMR and Art. 20(b) Trademarks Directive [“TMD”]). [read post]
28 Oct 2014, 11:27 am
Hana Bank is whether a judge or jury should determine if the use of an older mark may be tacked to a new one. [read post]
27 May 2021, 11:08 am
The GC stressed that the intention not to use the trade mark may be one such factor. [read post]
1 Jul 2015, 7:43 am
Investors who have suffered losses may be able recover their losses through securities arbitration. [read post]
22 Dec 2021, 1:52 am
With Messi (see cases C-449/18P and C-474/18P MESSI) and Miley Cyrus (case T‑368/20 MILEY CYRUS), we learnt that reputation or renown of (personal) names is a factor which should be taken in consideration when comparing marks and which may ultimately exclude confusion with an earlier similar mark. [read post]
9 May 2013, 11:56 am
The complaint asserts that, in addition to the constructive notice of the Mudder marks provided by the federal trademark registrations, the Holloways also had actual notice of Tough Mudder's rights in the marks as of May 21, 2012 when Tough Mudder sent the first cease-and-desist letter via e-mail to the Hollaways. [read post]
