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15 May 2019, 3:50 am
Failure to submit the declaration will lead to the rebuttable presumption that the mark has not been used, but this will not result in the automatic loss of trademark rights. [read post]
14 May 2019, 12:45 am
Basically, the Appeal Court held that the Vespa’ shape is not a shape that gives a substantial value to the product (and it is thus a valid shape mark), because consumers choose Vespa not only for its undeniable aesthetic and artistic qualities, but also for its functionality and reliability. [read post]
SinoTech: U.S. Threatens Tariff Hike on Chinese Goods as Tech-Related Trade Issues Remain Unresolved
8 May 2019, 12:12 pm
U.S. [read post]
8 May 2019, 12:21 am
Infringement and passing-off of the certification mark The certification mark was obtained under the earlier trade mark law, when such marks were confined to ‘goods’, unlike under the current Trademark Act of 1999 (“1999 Act”), which protects certification marks also for services. [read post]
7 May 2019, 3:56 am
A complaint was brought by a company which runs an auction portal, where the District Court in Warsaw – acting as the EUTM court – forced the claimant (a German company) to provide information about the origin of the elements marked with trademarks, offered through the portal by two users operating under pseudonyms. [read post]
3 May 2019, 10:14 am
Does NIFLA mark the death-knell of Central Hudson? [read post]
3 May 2019, 1:28 am
According to the Bundespatentgericht, names are, in general, prototypical marks. [read post]
30 Apr 2019, 4:43 pm
The USPTO denied registration finding the proposed mark vulgar and thus scandalous. [read post]
30 Apr 2019, 5:55 am
In light of the new practice, the PMÖD found that the red background colour of the earlier mark together with some other elements meant that the similarity of the marks was low, even though both marks were squares comprising the letter “g”, and therefore found no likelihood of confusion between the marks. [read post]
28 Apr 2019, 11:13 pm
First, the defendant in another matter filed a constitutional complaint against the contested practice of the BGH (Case 1 BvR 396/18, pending), pointing out that the German approach shall be revised by the CJEU (in that case for European Union trade marks). [read post]
25 Apr 2019, 6:15 am
In this matter the applicant had also submitted a large amount of proof that the mark had acquired distinctiveness through use which the BOA however did not find convincing. [read post]
23 Apr 2019, 4:30 am
However, a similar conclusion would have been reached with a three dimensional trade mark. [read post]
20 Apr 2019, 12:01 pm
Constitutional revolutions are not always marked by landmark cases. [read post]
19 Apr 2019, 3:32 am
Kroma was the licensee of the KROMA marks in the European market, and it alleged that the sales of allegedly infringing beauty products infringed its rights. [read post]
18 Apr 2019, 8:43 pm
The document contains no so-called “portion marking,” which denotes classified material. [read post]
17 Apr 2019, 4:49 pm
Cozying up to Cuban dictators will always be a black mark on this great nation’s long record of defending human rights. [read post]
16 Apr 2019, 12:37 am
Following rejection of the counterclaim on the ground that the mark was not a shape, Textilis Ltd and Mr Keskin filed an appeal seeking a declaration of invalidity of the mark Manhattan pursuant to the new Article 7(1)(e)(iii) EUTMR, which applies not only to shapes but also to “other characteristics” of a sign. [read post]
15 Apr 2019, 6:22 am
Session 3: Defining Marks in Trademark Law vs. [read post]
12 Apr 2019, 2:50 pm
Is market definition in fact ubiquitous in trademark law analysis because it is an inquiry implicitly undertaken whenever a mark owner defines the underlying goods or services with which the mark is used? [read post]
12 Apr 2019, 1:43 pm
Session 1: The Process for Defining Marks (Registered, Unregistered)What are the different ways to define marks? [read post]
