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30 Oct 2023, 3:52 am
Comparing the marks, the Board found DRYLANDS to be the dominant portion of applicants' mark, rejecting the argument that the design component of the mark, described as a “partial Zia symbol” (purportedly a recognized symbol of the State of New Mexico), would distinguish the marks. [read post]
30 May 2023, 12:00 am by Anna Maria Stein
The Applicant appealed to the General Court contesting the decision with regard to the descriptive character and to refusal of protection of the sign as a collective trade mark as well. [read post]
14 Feb 2017, 12:15 pm
For position marks, visual means (i.e. broken lines) must indicate the disclaimed part and for pattern marks, the pattern must be reproduced repetitively, so for both types of marks, the description of the sign is kept as a complement to delimit the scope of protection. [read post]
16 Jan 2019, 3:14 am by Peter Groves
One of its briefings concerns trade marks and designs. [read post]
11 Apr 2014, 10:05 am
Emerging from the busyness of hearing preparation, this Kat has now found a moment to tell you about a clever little loophole just closed by OHIM (the Office for Harmonisation in the Internal Market) which previously made it possible to defeat (in part at least) an attempt to revoke a Community trade mark (CTM) despite it never having been used.For those who don't get the tenuous reference in the title, scroll downUnder European trade mark law, you either use it or you lose it… [read post]
11 Feb 2014, 5:59 am
The cases are summarized below, with links to the pertinent TTABvue pages where the decisions may be found, as well as to the pertinent TTABlog postings, if any. [read post]
23 Mar 2022, 4:26 am
For purposes of the doctrine of foreign equivalents, the "ordinary American purchaser" refers to "the ordinary American purchaser who is knowledgeable in English as well as the pertinent foreign language. [read post]
20 Aug 2015, 1:03 pm by Blue Blog
“Construction law,” says Mark, “is business law on steroids! [read post]
20 Aug 2015, 1:03 pm by Blue Blog
“Construction law,” says Mark, “is business law on steroids! [read post]
20 Aug 2015, 1:03 pm by Blue Blog
“Construction law,” says Mark, “is business law on steroids! [read post]
28 Mar 2012, 2:25 am by John L. Welch
It is not material for purposes of a claim of fraud on the USPTO.So the Board weeded out the fraud claim, but Petitioner's well-fertilized Section 2(d) claimed blossomed.Text Copyright John L. [read post]
16 Apr 2011, 8:25 am by IP Dragon
If they registered the well-known trademark, which they did, they canalso protect the trademarked brand against use in all product categories (even unrelated to beer).More about the fundamentals of well-known trademarks see here:What Can A Famous Food Brand Do Against Footwear Using Its Mark? [read post]
31 Jan 2013, 2:39 pm
* The use of the statements connecting the defendants’ restaurants to the name “Cipriani” amounted to passing off and constituted the use of confusingly similar trade marks within the scope of section 56 of the Trade Marks Act 1994 [the "well-known marks" provision, for which there is no "own name" defence] [read post]
20 May 2012, 8:21 pm by TDot
Well, it had to happen at some point… After spending the better part of three years reading through dozens of law school blogs and writing about life at NCCU Law with something more or less vaguely resembling a degree of regularity, law:/dev/null finally hit the single-tilde “Not updated in 30+ days” mark Worse, the blog backend is in total disarray: the .htaccess list hasn’t been updated in ages so the spammers are back, our error message… [read post]
22 Jul 2011, 3:41 am
" Among the 75 players -- Mark Duper, a former wide receiver for the Dolphins, as well as Ottis Anderson and Rodney Hampton, both former running backs for the Giants. [read post]
3 Dec 2018, 12:01 am by rhapsodyinbooks
Charles VI’s reign was marked by the continuing war with the English known as the Hundred Years’ War. [read post]
9 Feb 2008, 9:41 am
Lawrence on Friday issued an interesting 8-page Entry Regarding Post-Trial Motions regarding costs in the case of Mark Custer v. [read post]
7 Jan 2015, 2:53 pm by Sabrina I. Pacifici
Flood, Mark D. and Goodenough, Oliver R., Contract as Automaton: The Computational Representation of Financial Agreements (December 16, 2014). [read post]