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29 Oct 2010, 3:09 am by John L. Welch
In the absence of fraud, the application and registration are void "only as to the identified goods upon which respondent did not have use as of her filing date," namely, all the class 25 clothing items and a half-dozen bag-type items.The Board pointed out that this partial cancellation based on non-use will become effective only if Respondent prevails in an appeal from the Section 2(d) ruling.TTABlog comment: Regarding the available remedies for fraud and non-use see the TTABlog… [read post]
22 Jun 2011, 3:14 am by John L. Welch
"And so the Board found that the public is likely to believe that Applicant's beef originates in the place identified by the mark, and it affirmed the refusal to register.Text Copyright John L. [read post]
22 Sep 2010, 3:17 am by John L. Welch
Moreover, Applicant's own declarant referred to the physical fitness of its customers.And so the Board affirmed the refusal.Text Copyright John L. [read post]
12 Aug 2008, 11:00 am
I guess one can eat his cake and have it too.IP expert Pam Chestek provides her thoughts on "heritage" licensing at her new blog called Property, Intangible (here).Text Copyright John L. [read post]
24 Aug 2022, 7:44 am by Developer
You expect an honest, fair, and good faith negotiation during the claim settlement process. [read post]
5 Dec 2005, 5:00 am
"The Board therefore dismissed the opposition and denied the petition for cancellation.Text Copyright John L. [read post]
21 Jun 2012, 2:57 am by John L. Welch
I don't think the marks sound or look alike.PS: The Board declined to consider Google's dilution claim.Test Copyright John L. [read post]