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21 Aug 2013, 3:35 am
In re Star Belly Stitcher, Inc., Serial No. 85247730 (August 12, 2013) [precedential].The Board observed that the PTO may prove scandalousness by establishing that a mark is "vulgar." [read post]
29 Mar 2010, 9:17 pm
" Currently, that section of Title 35 states that "[a]ny person may sue for the penalty, in which event one-half shall go to the person suing and the other to the use of the... [read post]
4 Sep 2008, 7:00 am
"[A]ny potential purchaser of applicant's hair detangler is likely to understand that the term 7SECONDS refers to the amount of time necessary for detangling; as the term is in fact merely descriptive, it is axiomatic that competitors may need to use the phrase; the mere fact that the number '7' may have multiple connotations does not mean that, in the context of this mark for the identified goods, it has any connotation other than denoting the number… [read post]
9 Jul 2011, 11:18 am
by Ana Ramalho On the 24th of May 2011 the European Commission has issued a Communication containing its Intellectual Property Rights (IPRs) strategy. [read post]
31 Aug 2017, 2:12 am
When you start off with highly similar marks and overlapping goods, you may have a problem crafting a coexistence agreement that will pass muster.Text Copyright John L. [read post]
20 Jan 2021, 4:25 am
The Board concluded that Applicant AA did not meet its heavy burden to show that "any distinctiveness its mark may have acquired for model airplanes will transfer to the air transport services in connection with which Applicant intends to use its proposed mark. [read post]
8 Sep 2014, 3:14 am
But even sophisticated customers may be confused by very similar marks. [read post]
2 Jul 2013, 9:23 pm
Adidas is entitled to rely on South African (and other) judgments, as persuasive, if not decisive precedents, if they were decided by applying the same principles (as he felt were now involved) to the same or similar facts.afraid this may open the floodgatesOn the question of trade mark infringement, Southwood held that on four of the six offending shoes the marks as used were not sufficiently similar to give rise to a likelihood of… [read post]
4 Jun 2018, 2:54 am
Dunkin Donuts) submitted by Examining Attorney Maureen Dall Lott, along with 17 use-based third-party registrations, demonstrated that "the goods are of a type that may emanate from a single source under the same mark. [read post]
22 Aug 2024, 3:26 am
Applicant argued that "Simon" may be perceived as a male first name, and pointed out that the Trademark Register lists 29 registrations for marks the include the word SIMON without a claim of acquired distinctiveness under Section 2(f). [read post]
24 May 2010, 5:36 pm
While New Zealand arguably provides for greater protection of indigenous cultures through its recently enacted trade mark legislation, it is argued that laws broader in scope could be more effective in protecting cultures from not only exploitation, but from any use of trade marks that may degrade cultural integrity. [read post]
3 May 2020, 4:16 pm
IPKat had a post “Trade marks and mobile apps: the PlanetArt v Photobox saga draws to a close (in PlanetArt’s favour)”. [read post]
26 May 2011, 2:48 am
If the orders which I made on 13 May 2011 stand, the respondent will be obliged to rebrand its business, its sites and its stationery. [read post]
4 Feb 2011, 5:00 am
"It appears in 2011 that this new examination of Notice of Defaults will slow down the foreclosure process," states mortgage consultant Mark Hanson. [read post]
8 Aug 2017, 9:00 am
In that situation, “[t]he junioruser does not seek to benefit from the goodwill of thesenior user; however, the senior user may experiencediminution or even loss of its mark’s identity and goodwilldue to extensive use of a confusingly similar mark by thejunior user. [read post]
27 Nov 2015, 4:00 am
Pharmaceuticals may be another sector of plain packaging initiatives, which kind of puzzles this GreeKat, as he would have thought that pharma trade marks would rank high in the list of not extremely attractive trade marks, while the usual intervention of pharmacists would hinder the kinds of marketing techniques used, e.g., in relation to toys (another category discussed for plain packaging based on this story). [read post]
27 Nov 2023, 7:32 am
The evidence may show that the proposed mark “is a common term or phrase that consumers of the … services identified in the application are accustomed to seeing used by various sources to convey ordinary, familiar, or generally understood concepts or sentiments. [read post]
30 May 2024, 5:40 pm
Polling data suggests it may cast a long shadow. [read post]
25 May 2010, 3:02 pm
Mark Deckert, Abram Stern, and Professor Warren Sack, all of the University of California Santa Cruz, presented a poster entitled Enabling Peer Review of Expert Testimony Within Government Proceedings at dg.o 2010: The 11th Annual International Conference on Digital Government Research, 17-20 May 2010 in Puebla, Mexico. [read post]
23 Apr 2010, 8:20 am
Competition winners will be announced at an Awards Ceremony on Wednesday, May 19th. [read post]
