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24 Jul 2023, 10:55 am by Marcel Pemsel
The BoA reopened the application proceedings and rejected the mark on the basis of Art. 7(1)(e)(ii) EUTMR. [read post]
5 Mar 2020, 11:02 am by Peter Groves
How strongly and immediately was the claimant's mark brought to mind by the defendant's sign? [read post]
5 Aug 2009, 3:27 am
Last Friday, the High Court granted special leave to appeal in 2 trade mark matters: Health World Ltd v Shin-Sun Australia Pty Ltd E & J Gallo Winery v Lion Nathan Australia Pty Limited Given only about 80 cases a year score this level of achievement, there are obviously big issues afoot. [read post]
18 Oct 2012, 1:15 am by war
Having noted there were difficulties in articulating how the Champagne Heidsieck[2] principle could apply in the context of the Act and particularly s 123, the Full Court at [64] considered that, if s 123 did not save the appellants, there was no other principle that could help them. [read post]
26 Jun 2020, 6:01 am
Applicant argued, inter alia, that the Examining Attorney was attempting to “guess or infer” how Applicant will use its mark, and that “at this stage the Examining Attorney is in no position to determine” how Applicant will use its mark.].Read comments and post your comment here.TTABlog comment: See any WYHAs here? [read post]
1 Jun 2023, 9:08 am by Marcel Pemsel
Further, the applicant did not explain how the twisted structure prevents the strings from falling apart. [read post]
9 Sep 2015, 2:49 am
The last two contributions have focused on the first question referred to the CJEU which concerns how to prove acquired distinctiveness in shape marks. [read post]
1 Nov 2007, 3:06 am
From Mark Reichenbach A fellow Sedona-mate and one of the most insightful attorneys I've ever met in the e-discovery realm, Conor brings a very well written piece about  Preservation and how it's changing in the eyes of many people. [read post]
5 Mar 2020, 11:02 am by Peter Groves
How strongly and immediately was the claimant's mark brought to mind by the defendant's sign? [read post]
26 Sep 2017, 6:51 am
In particular, the regulation governing use of the certification mark shall specify the following: • The list of goods and services of an EU certification mark;• The persons authorised to use the mark;• The characteristics to be certified by the mark;• How the certifying body is to test those characteristics and to supervise the use of the mark; • The conditions of use of the mark, including sanctions. [read post]
12 May 2017, 2:58 am
Put on your judicial robes and see if you can figure out how these recent appeals came out. [read post]