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26 Mar 2010, 2:21 am
In other words, although the TTAB does not recognize the "well known mark" or "famous foreign mark" doctrine as a basis for preventing registration by another, the fame of the foreign mark in this country may support a dilution claim, provided that the owner has filed an ITU application for the mark. [read post]
4 Oct 2009, 4:45 am
The applicant had filed its applications for "! [read post]
2 Dec 2011, 4:30 am
The process for marks that are not yet used in the commerce, certification marks, supplemental register applications, collective membership marks,have different elements and requirements. [read post]
29 Jan 2010, 2:06 pm
Upon filing a patent application or issuance of a patent, a product disclosed by the patent application or covered by the claims of the issued patent may be marked either “Patent Pending” or “Patented” together with the patent number. [read post]
11 Dec 2022, 9:56 am
Importantly, while the date to be considered for assessing acquired distinctiveness of the earlier mark is the filing date of the contested trade mark application, that is not always the case. [read post]
10 May 2011, 7:48 am
The court denied defendant's motion for judgment on the pleadings as to plaintiff's false marking claim where defendant's product was marked with a Chinese patent application number that resulted in a differently numbered Chinese patent. [read post]
4 Oct 2022, 2:42 pm
" The post Trump Files Emergency Supreme Court Application To Vacate 11th Circuit Order On Documents Marked Classified first appeared on Le·gal In·sur·rec·tion. [read post]
27 Jul 2010, 5:11 am
This poses a challenge for current PMA applicants who may be faced with the choice of delaying a PMA application until after April 2011 in order to take advantage of the new (more limited) marking requirements. [read post]
12 Sep 2007, 1:39 pm
The Canadian Intellectual Property Office recently published a new practice notice advising that the Trade-marks Office (the “Office”) will generally no longer require applicants to provide a disclaimer of the exclusive right to use certain words in trade-mark applications. [read post]
16 Feb 2010, 3:12 am
When an applicant files a use-based application but has not used the mark for any of the identified goods or services, the application is void ab initio. [read post]
19 Mar 2013, 8:28 am
The TTAB stated that such a mark could only warrant trademark registration if the applicant could show the mark had inherent or acquired distinctiveness, or that the applicant has used or registered the design in a non-ornamental manner for other goods or services. [read post]
18 Feb 2019, 6:12 am
The ability will be given to applicants to “correct” classifications of older marks during renewal, in order to bring marks in line with this requirement. [read post]
13 Oct 2022, 1:31 pm
The post Supreme Court Denies Trump Application To Vacate 11th Circuit Order On Documents Marked Classified first appeared on Le·gal In·sur·rec·tion. [read post]
1 Oct 2007, 3:57 am
There are major changes in the way trade mark applications are examined as from today. [read post]
22 Apr 2017, 5:04 pm
· Searches in international trade mark databases returned no registrations in the name of the applicant (Fuentes Ledo). [read post]
17 Nov 2009, 1:04 am
The evidence to which the applicants refer is not evidence of a sale of the trade marks as items of property distinct from a sale of the underlying business. [read post]
25 Aug 2011, 2:00 am
A §1 or §44 applicant must submit “a clear drawing of the mark” to receive a filing date, except in applications for registration of sound, scent, and other non-visual marks. [read post]
6 Mar 2017, 7:32 pm
Trademark Law does not allow an applicant to reserve a right in a mark. [read post]
30 Sep 2023, 8:04 am
In December 2022, following several exchanges of correspondence with Colt, the examiner assigned to the Application (the Examiner) issued a decision rejecting the Application on the grounds that the Mark failed to satisfy the requirement of intrinsic distinctive character pursuant to Article 7(1)(b) of the EU Trade Mark Regulation 2017/0001 (EUTMR). [read post]
3 Oct 2007, 3:56 am
Under its changes to the trademark examination process on relative grounds that started on October 1, 2007, the UK Intellectual Property Office will no longer refuse to register a new trade mark application because of an earlier conflicting trade mark, unless the owner of the earlier mark successfully opposes the new application. [read post]
