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18 Apr 2023, 7:52 am
Does it amount to trade mark infringement? [read post]
12 May 2010, 9:44 pm
Mere Preparation to Use Is Not Sufficient to Show Use in Commerce of a Service Mark What does not satisfy this requirement is preparation to use the service mark. [read post]
28 Apr 2023, 10:43 am
This was the key question at the centre of Legea, C-686/21, a referral from the Italian Supreme Court asking specifically about this having regard to the EU trade mark instruments and the exercise of a jointly owned trade mark through licensing.Back in December, The IPKat reported on the then fresh Opinion of Advocate General (AG) Campos Sánchez-Bordona, who answered such a question in the negative.Yesterday, the Court of Justice of the European Union (CJEU) issued its… [read post]
30 Sep 2008, 3:49 am
’ This principle holds that a registered trademark can be used by someone other than its owner so long as the use does not confuse the public, because trademarks are tied to their use on products and do not exist in the abstract. [read post]
25 Apr 2012, 3:00 am
Of course, even with consent, such an amendment will be accepted only if it does not materially alter the mark. [read post]
16 Dec 2015, 11:15 am
But the fact it is a tried and tested method, does not mean it’s a reliable one. [read post]
15 Mar 2011, 1:18 pm
The false marking statute – 35 USC 292 – sets a maximum fine but does not set a minimum. [read post]
27 May 2011, 6:38 am
In keeping with INTA and its focus on trade marks, permit me to pose the following question: Does a trade mark have to be truthful? [read post]
21 Jul 2017, 1:32 am
Thus, even if the mark was used on such goods, its use is merely a description and does not constitute use as a trade mark (i.e. to denote commercial origin). [read post]
5 Oct 2008, 11:10 pm
But what is "mark to market" and what does it mean in terms of long term financial security? [read post]
12 Jan 2020, 2:52 pm
What, if any, difference does it make if the trade mark at stake is a collective mark? [read post]
30 Jan 2017, 7:28 pm
Zuckerberg, CEO and founder of Facebook, does not regularly take political stances, but on occasion he does.... [read post]
30 Sep 2013, 10:12 pm
The Policy also does not tackle to problem that a significant number of trade mark decisions in the High Court are overturned on appeal. [read post]
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]
27 Aug 2018, 3:25 am
" In the second specimen, the letter "M" appears alone but without any coloration, which does not match the applied-for mark, colorized mark.The Board sided with the Examining Attorney. [read post]
23 Mar 2016, 3:34 am
It does not resemble a lion. [read post]
9 Oct 2013, 11:56 am
The interesting question for his readers to ponder is - where does decoration end and trade mark protection begin? [read post]
16 Apr 2015, 3:18 pm
” The Court then ruled, in dealing with “honest practices in industrial or commercial matters” that a trader will be compliant where“…if by using a third party's trade mark it does not create the impression that there is a commercial connection between itself and the trade mark proprietor and does not take unfair advantage of the trade mark's distinctive character or repute. [read post]
20 Oct 2008, 12:25 pm
The Times today carries an interview with President of the Family Division Sir Mark Potter. [read post]
21 Apr 2014, 5:52 pm
Does your job include giving written legal advice to non-lawyers? [read post]
