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17 Sep 2024, 11:16 pm
The opposition was based on ss.5(2)(b) and 5(3) of the UK Trade Marks Act 1994, i.e., confusing similarity and the protection of marks with a reputation. [read post]
20 Jul 2020, 3:12 am
As is well known, not least since Mark Twain’s famous and unforgettable analysis, the Awful German Language is full of funny compound words (actually, according to Mark Twain, “they are not words, they are alphabetic processions”) for which no direct equivalent seems to exist in English or any other language. [read post]
4 Nov 2011, 9:23 am
Place all other punctuation marks outside quotation marks, unless they are logically parts of the quotation. [read post]
2 Jun 2024, 10:14 am
It might well be the case that the CJEU, perhaps also referring to the Grand Board decision in COVIDIOT, will refer to the founding values of the EU to conclude that the unauthorized use of someone’s well-known trade mark to convey a political expression that is discriminatory (as it appears to be the case in the background national proceedings) would be without due cause and be, therefore, actionable on the side of the trade mark owner. [read post]
1 Aug 2024, 3:25 am
BackgroundVinicio SRL (Vinicio), an Italian department store specialising in luxury fashion brands, filed an application (the Application) to register the following figurative mark (the Mark) as an EU trade mark (EUTM) in a number of classes, including classes 3 and 35 in respect of (summarily) soaps, perfumery essential oils, cosmetics and lotions, as well as retail services for the same: The class 35 specification for the Application included… [read post]
10 Nov 2009, 5:46 pm
3082 acquired the mark in the course of a reorganization and the mark was used by PTC, which had become 3082’s wholly owned subsidiary. [read post]
29 May 2014, 7:30 am
Market survey evidence (if admitted), as well as statistical evidence, can be costly. [read post]
17 Mar 2023, 4:33 am
" As to the first prong of the test, the Board observed that the presence of a generic or descriptive term in a proposed mark does not detract from the primary geographical significance of the mark as a whole. [read post]
5 Jan 2015, 3:08 am
Because the goods were identical, there was a presumption that the channels of trade and classes of purchasers would be the same as well; Applicant admitted that the channels of trade were the same, thus the third du Pont factor weighed in favor of likelihood of confusion. [read post]
13 Apr 2010, 5:23 am
The marks covered identical goods, namely, deer repellent. [read post]
17 Nov 2023, 1:26 pm
In that Elster, as well as others such as the FUCT case and MAKE AMERICA GREAT AGAIN registration, many commentators have suggested that the marks should be rejected for failure to function. [read post]
24 Feb 2010, 7:16 am
If the Claimants' Cipriani mark is "well-known" for this purpose it gives a right to an injunction to restrain the use of an identical or similar trade mark in relation to identical or similar goods or services "where the use is likely to cause confusion". [read post]
18 Jun 2008, 3:50 am
This collection is well worth checking out. [read post]
26 Jan 2010, 3:32 am
- ed.], "to the extent they may well be seen as Italian surnames, [they] will leave prospective consumers with similar connotations. [read post]
8 Sep 2009, 10:15 pm
In either instance, we find this connotation takes the mark out of the geographically descriptive realm. [read post]
3 Feb 2010, 3:26 pm
Because if the blogosphere isn't big enough for the both of us (which I don't believe), well, sorry, but it's not going to be me who's leaving. [read post]
29 Sep 2021, 6:20 am
” Key Takeaways The 2021 U.S. proxy voting season marked an escalation of shareholder engagement on climate-related issues as well as an expansion of tactics. [read post]
3 Sep 2010, 3:30 am
Well today is a big day for us, it has been one year since we left Marks & Clerk (Top UK IP Firm) and went alone to offer the world low cost, reliable and high quality drawings. [read post]
28 Sep 2010, 3:06 pm
" The Hearing featured testimony from Chicago-based attorney Mark DeBofsky, a disability law expert, as well as The Honorable William M. [read post]
9 May 2018, 9:05 pm
Mark Pulliam at Liberty and Law explores a theme I raised in Schools for Misrule: the ABA accreditation process for law schools is ideologically fraught and pushes the schools toward certain prescribed views of social justice. [read post]
