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3 Jan 2013, 2:15 pm by Howard Knopf
TRADE-MARKS LAWCanadian trade-marks law works remarkably well – which is quite understandable for those who know its history. [read post]
3 Jan 2013, 12:54 pm by Eric Alexander
  Under 12(c), a court is supposed to decide [read post]
3 Jan 2013, 4:00 am by Administrator
 We don’t hire lawyers who are technically good and need a job. [read post]
2 Jan 2013, 3:36 am by Old Fox
A very good condition type III model 1903 pocket hammerless overall. (55669-8) {C&R}"'via Blog this'link [read post]
31 Dec 2012, 12:01 pm
The Board reiterated the general principle that the essential function of a trade mark is to be distinctive so as to enable the identification of the commercial origin of goods or services by the consumer, which is assessed, first, by reference to the goods or services of the mark and, secondly, by reference to the perception of the relevant public, which consists of the average consumer of those goods or services who is reasonably well informed and… [read post]
31 Dec 2012, 7:34 am
  Lewison LJ noted that in instances where the question was whether there was a likelihood of confusion, a survey contributed little to the assessment, particularly where the goods or services were ordinary and within the judge's own experience. [read post]
31 Dec 2012, 4:58 am by John L. Welch
Test Your TTAB Judge-Ability on These Five Section 2(d) AppealsTTAB Reverses 2(d) Refusal of "DARK HORSE" Over Japanese Character Marks, All for Distilled SpiritsTTAB Dismisses 2(d) Opposition to Pyramidal Tea Package Despite Similarity to Opposer's Marks for Tea InfusersTTAB Sustains BARBIE Opposition, Finds BARBIE GRIFFIN for Entertainment Services Confusingly SimilarTTAB Affirms 2(d) Refusal of POWERWAVE BUS SYSTEM Over POWERWAVE for Electrical Power Distributions UnitsSection… [read post]
27 Dec 2012, 4:42 am
 Secondly, said Swiss, the effect of Engineering's amendment was to breach the principle established by the Court of Justice of the European Union in Case C-363/99 Koninklijke KPN Nederland NV v Benelux-Merkenbureau that the specification of goods in a trade mark application could not be restricted by reference to whether they possessed particular characteristics. [read post]
23 Dec 2012, 6:48 pm by Larry Catá Backer
Jiang Shigong (强世功), Professor and Deputy Director, Peking University Office of Educational Administration at Peking University. [read post]
20 Dec 2012, 12:18 pm by John L. Welch
“[n]o trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it[] (a) [c]onsists of or comprises immoral, deceptive, or scandalous matter. [read post]
20 Dec 2012, 7:00 am by James F. Aspell
We have found, over time, that while penetration and savings rates are good things, the real keys to a sustainable reduced medical cost are controlling utilization and targeting specialties such as pharmacy, physical therapy, high end radiology and other specific services. [read post]
20 Dec 2012, 2:31 am by John L. Welch
Well, I guess it was a good exercise for the Vanderbilt Legal Clinic.Post your comment here: Text Copyright John L. [read post]
19 Dec 2012, 12:24 pm
The Court of Justice of the European Union (CJEU) has today issued its decision in Case C-149/11 (Leno Merken), a.k.a. [read post]
2 Dec 2012, 7:52 pm by Larry Catá Backer
 (Pix (c) Larry Catá Backer 2012))____________ Program:  International ConferenceonRealisation of Socio-Economic Rights in Emerging Free Markets: Perspectives from China and India Dates: 29-30 November 2012Venue: Connie Fan Multi-media Conference Room, 4/F Cheng Yick-chi Building, City University of Hong Kong (CityU) PROGRAMME Thursday, 29 November 2012 9:00am-9:30am – Registration, Connie Fan Multi-media Conference room (MMR), CityU 9:30am-10:00am… [read post]
30 Nov 2012, 9:46 am by Lisa Larrimore Ouellette
[This was also on Professor Tun-Jen Chiang's list—see my summary there.]Mark F. [read post]
26 Nov 2012, 12:11 pm
As a result, Phonebook submitted, the mark was registered in in breach of article 7(1)(c) and (d) as the mark lacked distinctive character, was descriptive and had become customary throughout the EU, with the exception of Italy. [read post]
25 Nov 2012, 1:00 pm
Article 5 is subject to Article 7 which provides that a trade mark owner is not entitled to prohibit the use of the trade mark, including importation, in relation to goods which have been put on the market in the Community under that mark by the trade mark owner or with his consent, i.e. where the trade mark owner's rights are exhausted. [read post]