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21 Sep 2018, 6:00 am by Kyle Kroll
An applicant does not need to register an otherwise-registrable mark as a hashtag mark in order to protect the mark if hashed. [read post]
11 Aug 2015, 3:23 am
For good measure, the Board also affirmed three other refusals of the applied-for mark, upholding requirements for 1) a product configuration drawing that depicts Applicant’s mark in the drawing to include broken or dotted lines to show the position of the mark on goods or container as required by 37 CFR 2.52(b)(4); 2) a “clear and concise description of the mark” that a) indicates the mark is a three-dimensional configuration of goods… [read post]
3 Nov 2011, 11:49 am by Jay Wolman
  While I’m sure someday Mark might take a pro-sexual harassment case to the Supreme Court, arguing for the 1st Amendment right to be [...] [read post]
16 Jan 2009, 4:26 am
Trade mark portfolios get thinned out, existing poorly-performing licensees may be targeted for weeding out, the insolvency of licensors and licensees may undermine commercial expectations and the sale of trade mark rights separately from the business to which they were originally attached can prove hazardous too.For this reason the IPKat is pleased to announce that he has been involving himself in  "Trade Marks and the Downturn", a timely… [read post]
9 Apr 2010, 12:44 pm
And has the consequence of parallel risk of trade mark infringement and breach of contract been fully considered? [read post]
28 Jan 2008, 9:24 am
These are the best marks I notice. [read post]
4 Mar 2024, 9:08 am by Marcel Pemsel
Can the owner of a national trade mark by virtue of Art. 10(3)(b) Trade Mark Directive (‘TMD’) prevent a person from possessing trade mark infringing goods abroad for the purpose of offering or putting them on the market in the country for which the trade mark is protected? [read post]
17 Oct 2016, 3:06 am
They failed to plead that use of the marks and control of the quality of the services "are controlled by one of the Opposers such that the marks identify a single source for all of the services identified by the respective marks. [read post]
1 Mar 2018, 12:14 pm by Peter Groves
There was a time, long before EU trade marks arrived on the scene, when the Trade Marks Registry in the UK would not have allowed an application for registration of someone else's personal name as a trade mark to proceed without the consent of the owner of the name.You might think that is how a trade mark system should work, but these Steve Jobs trade marks show the limitations of the law. [read post]
21 Jun 2023, 8:25 am by James Kwong (HK)
  These include, inter alia, situations where (i) the applied-for mark or the prior mark citation is in the process of a change of name or assignment; (ii) the prior mark citation is in the process of being withdrawn; (iii) the status of the prior mark citation is dependent on a case under review / processed by a Court or an administrative department (this should cover situations where the prior mark citation is in the process of being cancelled or… [read post]
21 Jun 2023, 8:25 am by James Kwong (HK)
  These include, inter alia, situations where (i) the applied-for mark or the prior mark citation is in the process of a change of name or assignment; (ii) the prior mark citation is in the process of being withdrawn; (iii) the status of the prior mark citation is dependent on a case under review / processed by a Court or an administrative department (this should cover situations where the prior mark citation is in the process of being cancelled or… [read post]
22 Jan 2013, 12:39 am
You find that while there is no identical mark, there is one registered mark that is similar. [read post]
2 Mar 2017, 6:47 am
The Court of Appeal also made a reference to “limping” marks (i.e., marks that have been always used alongside other marks). [read post]
14 Jan 2018, 11:32 pm
 Now, UKIPO’s Trade Marks Manual does not rule out the registrability of olfactory marks. [read post]
24 Dec 2016, 4:04 am
 In addition to the UK mark, this claim also alleged infringement of an EU device mark. [read post]
17 Dec 2019, 5:45 am by Kevin Kaufman
A mark-to-market system would tax accrued gains on assets annually and eliminate the deferral advantage of the current capital gains tax system. [read post]
27 Jul 2010, 7:00 am by Samantha Waldon & Noric Dilanchian
Registration of a trade mark can be cancelled if the trade mark is not used. [read post]
2 Apr 2009, 9:40 pm
I’ve posted to SSRN a new essay entitled Overshot the Mark? [read post]