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11 Jan 2021, 3:31 am
Additional commentary on each case may be found at the linked TTABlog posting. [read post]
7 Jan 2019, 3:13 am
Under Section 2(d), a concurrent use registration may issue only when "confusion, mistake, or deception is not likely to result from the continued use by more than one person of the same or similar marks under conditions and limitations as to the mode or place of use of the marks or the goods on or in connection with which such marks are used . . . . [read post]
11 Dec 2013, 1:16 pm
It accordingly seems that where the Comparative Advertising Directive has not been complied with, trade mark owners may be able bring a trade mark infringement action in the normal way, despite the apparent defence in Article 6 of the Trade Marks Directive. [read post]
26 Sep 2017, 1:09 am by Jani Ihalainen
Joint control would have to entail an agreement as to "…determining directly or indirectly the goods to which the trade mark may be affixed and of controlling their quality". [read post]
3 Jun 2024, 9:23 am by Marcel Pemsel
Comment The decision confirms the principle that a sign may be registered as a trade mark even though it enjoys copyright, design or any other protection, as long as there is no absolute ground for refusal. [read post]
8 Oct 2014, 5:53 am
She has secured four registrations for the L.A.M.B. mark for clothing items “that are similar to those identified in the present application or are items that may be made from lambskin. [read post]
1 Jul 2024, 3:32 am
Under Section 6(a) of the Lanham Act, the USPTO "may require the applicant to disclaim an unregistrable component of a mark otherwise registrable. [read post]
28 Dec 2022, 3:56 am
A goods/place association may ordinarily be presumed from the fact that “applicant’s goods originate in or near the place named in the mark. [read post]
9 Dec 2015, 9:50 am
Mark Sherman of The Associated Press reports that "Supreme Court Torn Over Texas Affirmative Action Program. [read post]
3 Feb 2022, 6:10 am by Lloyd J. Jassin
If your mark is unregistered you may use a superscript ™ after the mark. [read post]
3 Feb 2022, 6:10 am by Lloyd J. Jassin
If your mark is unregistered you may use a superscript ™ after the mark. [read post]
24 Jul 2014, 12:30 pm
  It also follows the suggestion of Lewison LJ that the hard line taken in relation to surveys in “standard” trade mark infringement cases may not apply in the other situations he identified. [read post]
29 Nov 2011, 1:16 pm by Eva Arevuo
Investors sidelined “We may invest or spend the proceeds of this offering in ways with which you may not agree or in ways which may not yield a return. [read post]
The disparagement provision resides in Section 2(a) of the Lanham Act and states that a trademark which “[c]onsists of…matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute…” may not be registered. [read post]
24 Nov 2014, 8:37 am
Respond (a) If you have a basis for doing so, you may respond to the letter and deny infringement; or (b) You may respond by requesting more specific evidence as to why the trademark owner believes you are infringing its mark, including exploring dates of first use, whether the mark is federally registered, and the geographic areas where the mark has been used. 2. [read post]
24 Mar 2015, 7:00 am
  However, this enterprise may have simply moved on to another industry whose Sunset Period has not expired or a third party may have already registered .legal domain names for other law firms.The IPKat asks readers: do you think that new descriptive gTLDs serve a valuable purpose in today's crowded internet? [read post]
5 Jan 2018, 5:59 am
Additional commentary on each case may be found at the linked TTABlog postings]. [read post]