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4 Dec 2013, 12:32 pm
However, relations between the two companies deteriorated progressively and, in May 2005, Depuydt and FvMG (referred to collectively as ‘Gauquie’) sued Martin Y Paz before the tribunal de commerce de Nivelles, Belgium, and applied to have the mark N, the figurative mark Nathan and the mark Nathan Baume -- all of which were owned by Martin y Paz -- declared invalid for all goods for which they were registered or, at the very least, seeking a ruling… [read post]
21 Feb 2013, 2:49 am
For example, Section 11(1) of the UK's Trade Marks Act 1994 provides: "A registered trade mark is not infringed by the use of another registered trade mark in relation to goods or services for which the latter is registered" No equivalent provision exists in the Community Trade Mark Regulation. [read post]
27 May 2011, 5:57 am
Here's a link to a May 27, 2011 article by Terrie Morgan-Besecker from The Times Leader reporting on Judge Kosik's denial of former Luzerne County Judge Mark Ciavarella's request for a new trial. [read post]
15 Aug 2011, 8:05 pm
Cho Mark Oriental Food, Ltd. v. [read post]
22 Dec 2015, 2:50 pm
” “Denial of [registered trademark] benefits creates a serious disincentive to adopt a mark which the government may deem offensive or disparaging…. 2. [read post]
10 Sep 2013, 2:46 am
Trademark Rule 2.41(b) says that a prior registration for the "same mark" may be accepted by the PTO. [read post]
15 May 2018, 2:41 am
Castillo, Serial No. 87117266 (May 11, 2018) [not precedential] (Opinion by Judge Marc A. [read post]
4 Feb 2014, 7:30 am
The hearing schedule and other details regarding attendance may be found at the TTAB website (lower right-hand corner)]. [read post]
26 Mar 2020, 4:25 am
As a result, the Examining Attorney’s slim record evidence fails to demonstrate that “fetal life” describes a significant feature, aspect or characteristic of the recited goods or their purpose such that the mark FETAL LIFE as a whole may be merely descriptive of thereof. [read post]
11 Mar 2019, 4:13 am
Although a mark may be deceptive even if only a portion is deceptive (e.g., WHITE JASMINE for tea that did not include white tea, SILKEASE for clothing not made of silk), "[m]isdescriptiveness of a term may be negated by its meaning in the context of the whole mark inasmuch as the combination is seen together and makes a unitary impression. [read post]
2 Sep 2022, 9:16 am
You may also refer to SpecialKat Tian Lu’s report here as a refresher. [read post]
4 Mar 2015, 9:03 am
For those of you who may not know, Jersey is an island off the coast of Normandy, France. [read post]
5 Jul 2024, 10:49 pm
Comment The decision shows that it may not only be difficult to obtain registration of a non-traditional trade mark but that its genuine use and enforcement present their own challenges. [read post]
17 Dec 2018, 2:09 am
And applicant's supplements may be sold through AmEx's general merchandise mail order services. [read post]
3 Jan 2017, 5:11 am
Opposer pointed to the similarity in trade dress used by the parties, the Board noting that although it does not ordinarily look to trade dress for word marks (since the trade dress may be changed at any time), trade dress nonetheless may provide evidence as to whether the marks project confusingly similar commercial impressions. [read post]
14 Jan 2009, 4:00 am
"Even if we could say that the IRONMAN with Dot design had achieved fame for triathlon contest exhibitions, and while the fame of a mark may give it a greater scope of protection against later users, a later user may not build up its mark in order to take away rights from an earlier user, or use the fame the later user has built up in one area to expand into goods that are related to those of an earlier user, thereby limiting the scope of protection to which… [read post]
18 Jul 2016, 3:02 am
The fact that the provision of a product within a given state may be lawful is irrelevant in connection with federal registration of a trademark or service mark. [read post]
8 Jul 2013, 3:04 am
Use-based third party registrations also suggested that these goods may emanate from a single source under a single mark. [read post]
28 Jul 2020, 3:37 am
Cir. 1987) (trade association may have standing to oppose a mark's registration without having proprietary rights).The Board found that Australian had contracted away its right to use and register its unregistered mark, [Australian had also agreed that Respondent could register and use the mark]. [read post]
18 Sep 2020, 3:45 am
Consumers who do discern the differences in the marks may believe that one mark is a slight variation of the other.Conclusion: Balancing the relevant duPont factors, the Board found confusion likely and it sustained the opposition. [read post]
