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12 Aug 2022, 6:51 am
Editor’s note: To mark the one-year anniversary of the Taliban’s second takeover of Afghanistan, Just Security is publishing a series of essays on the developments of the last year and the prospects for the future of Afghanistan. [read post]
9 Apr 2015, 4:03 am
Article 5 of the Directive bears the title "Rights conferred by a trade mark". [read post]
5 Jan 2019, 11:12 am
The Cartier's LOVE trade mark"Can anyone have a monopoly over love? [read post]
27 Oct 2020, 3:29 am
It looks into both the Trade Marks Directive and the Regulation and brings both EUTMs and national trade marks into the discussion. [read post]
31 May 2023, 1:18 am
Coinbase claimed that the earlier mark had been filed in bad faith, pursuant to Article 59(1)(b) of Regulation 2017/1001 (the EUTMR). [read post]
6 Sep 2016, 3:22 am
And the marks are pronounced the same, right? [read post]
13 Dec 2021, 4:21 am
Rather, the mark must be actually used in conjunction with the services described in the application for the mark. [read post]
19 Jan 2023, 9:06 am
As a result, such a mark would be considered as describing the thematic content of those services.The applicant did not submit any observations within the time limit set by the EUIPO and the application was therefore rejected pursuant to Articles 7(1)(b) – (c) and 7(2) of the EUTMR.CommentThe question of characters as trade marks is not new, and only a few weeks ago The IPKat reported on a series of applications for figurative marks representing historical figures as… [read post]
14 Feb 2019, 4:29 am
WRONG ANSWER, finding that it fails to function as a mark for trivia website services. [read post]
8 Jul 2013, 2:20 am
If the particular appearance and action is to be regarded as a mark of a business and if the use of this is punished under the Unfair Competition Prevention Act’s purpose to protect one’s effort and investment in the mark of a business and achievement of making the mark well-known to the public from free riders that distort competitive order, therefore a particular singer’s appearance, unique action, etc, except the singer’s name shall not be a… [read post]
17 Jan 2013, 3:59 pm
--Mark Booth, The Secret History of the World (2008). [read post]
19 Jul 2013, 9:32 am
This process has existed for many years without the QR code – if you hand-mark an absentee ballot, and it gets bent or wet (or has coffee stains!) [read post]
14 Sep 2011, 7:37 am
., 6:10cv058 (February 17, 2011) Judge: Michael Schneider Holding: Motions to Sever GRANTED A few days ago I posted on Judge Schneider's order dismissing the Tompkins cases for failure to satisfy the pleading standard for false marking cases - possibly the last substantive ruling in a false marking case, since the cause of action is eliminated (except for cases brought by competitors asserting marking of an unexpired patent which doesn't cover the product) by the… [read post]
28 Sep 2022, 3:34 am
And the marks are similar in sound, appearance, connotation, and overall commercial impression. [read post]
24 Jun 2017, 10:44 am
In Case C-63/97 Bayerische Motorenwerke AG and another v Deenik [1999] ETMR 339, the CJEU was asked whether advertisements such as "Repairs and maintenance of BMWs", infringed a BMW trade mark.The CJEU responded at paragraph 64 that:"...Articles 5 to 7 of the directive do not entitle the proprietor of a trade mark to prohibit a third party from using the mark for the purpose of informing the public that he carries out the repair and maintenance of goods covered… [read post]
6 Jun 2022, 5:07 am
It held that the graphic characteristics of the applicant’s mark had a limited impact. [read post]
18 Mar 2015, 4:10 pm
As regards the assessment of likelihood of confusion with the earlier word mark COCA-COLA to cover goods in Class 35, the court noted the dominant character of the term ‘cola’ in the mark applied for and acknowledged that it was a distinctive element in the earlier mark to cover services in Class 35. [read post]
14 Jan 2014, 3:54 am
The marks: The literal portions of the marks are essentially identical. [read post]
2 Feb 2021, 3:42 am
TTABlogger comment: I think saying that the mark is "incapable of functioning" as a mark is better than saying it "fails to function. [read post]
7 Jun 2010, 6:24 am
Mark Weber - In early 1935, a passenger rabbi ship kabbalistic bound to the port of Haifa in Palestine god left the German port of Bremerhaven. [read post]
