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2 Feb 2018, 2:52 am
The case related to the word “disparage” in said section, which reads as follows: “No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it—(a) Consists of or comprises immoral, deceptive, or scandalous matter;or matter which may disparage…”The important question left open was the Constitutional status of… [read post]
12 Jun 2018, 12:52 am
The Court of Justice of the European Union (CJEU) has just issued its much-awaited judgment in Louboutin C-163/16, ruling that a mark consisting of a colour applied to the sole of a shoe is NOT covered by the prohibition of the registration of shapes. [read post]
12 Nov 2022, 10:45 am
Common good constitutionalism elides these questions. [read post]
29 Aug 2007, 4:54 am
"Facsimiles" may be acceptable, but not a drawing of the mark on the goods. [read post]
31 Dec 2012, 12:01 pm
The Board reiterated the general principle that the essential function of a trade mark is to be distinctive so as to enable the identification of the commercial origin of goods or services by the consumer, which is assessed, first, by reference to the goods or services of the mark and, secondly, by reference to the perception of the relevant public, which consists of the average consumer of those goods or services who is reasonably well informed and… [read post]
30 Jul 2019, 12:58 pm
Furthermore, by considering that the mere juxtaposition of colours was not sufficient to constitute a precise and uniform graphic representation, the General Court had failed to consider that a trade mark must be viewed as filed, as per the CJEU decision in Apple (C‑421/13). [read post]
15 Jul 2012, 11:03 am
Comparison of the marks/signs concernedThis involves an analysis of whether the marks concerned are similar a. visually, b. phonetically or c. conceptually bearing in mind the marks viewed as a whole and having regard to the distinctive and dominant components. [read post]
16 Nov 2015, 12:10 am
Meanwhile, BOIP has proven to be a good sport. [read post]
28 Sep 2022, 3:34 am
The Board also found that the prior registrations covered substantially similar marks for and sufficiently similar goods. [read post]
5 Aug 2021, 4:04 am
In re Signatory Vintage Scotch Whisky Company Limited, Serial No. 79261464 (August 3, 2021) [not precedential] (Opinion by Judge Cynthia C. [read post]
5 Dec 2022, 7:30 am
The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act. [read post]
19 Mar 2019, 3:48 am
He therefore had knowledge of the Applicant’s business, the goods it sold in Singapore, and the “SHREE” and “SHREE GOLD” marks under which the goods were sold. [read post]
28 Jun 2018, 2:42 am
In re Universal Secure Registry LLC, Serial No. 87113726 (June 22, 2018) [not precedential] (Opinion by Judge George C. [read post]
24 Oct 2015, 2:37 am
However, it upheld the examiner’s decision with respect to the other goods referred to above on the ground that the mark sought was descriptive of those goods. [read post]
9 Aug 2020, 12:32 pm
More of life) as an EU trade mark (EUTM). [read post]
25 Jan 2021, 4:00 am
The Article 7(1)(b) assessment therefore takes place firstly by reference to the goods or services to which it is applied, and secondly, according to the relevant public’s perception (Audi v OHIM, Case C‑398/08 P). [read post]
17 Jun 2019, 9:39 am
In 2015 Mr Hansson applied for registration of the word sign ‘ROSLAGSÖL’ as a national trade mark for goods in Class 32 of the Nice Agreement, in particular non-alcoholic beverages and beers. [read post]
3 Nov 2017, 3:47 am
In re Peter Wood, Geoffrey Dean-Smith, and Tasha Mudd, Serial No. 87022288 (October 25, 2017) [not precedential] (Opinion by Judge Cynthia C. [read post]
11 Feb 2007, 5:48 pm
Dean C. [read post]
16 Aug 2015, 2:39 am
For a century, trade marks have been used in advertising as well as on the goods themselves. [read post]
