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11 Dec 2022, 9:56 am by Nedim Malovic
The position of the EUIPO, when it comes to acquired distinctiveness through use in the UK for the purposes of an invalidation action against a registered EU trade mark (EUTM), is that the distinctiveness acquired through use in the UK is not relevant for EU trade mark applications filed after the end of the transition period (December 31st, 2020).However, the now said has not always been entirely clear, since case law (Decathlon v EUIPO (T‑349/19) EU:T:2020:488),… [read post]
1 May 2012, 3:22 am by John L. Welch
on the Supplemental Register for "plastic storage containers for domestic use; plastic storage containers for use within refrigerators and freezers," on the ground of genericness].May 3, 2012 - 2 PM: In re InterDesign, Inc. , Serial No. 77954696 [Section 2(a) refusal of SWISS+TECH for expandable and compact multi-function hand tools and electronic devices, on the ground of geographical deceptiveness].May 8, 2012 - 10 AM: United States Postal Service v. [read post]
8 Aug 2023, 1:00 am by Rose Hughes
The alleged infringement was Shell's petrol station app which allowed registered customers to purchase petrol using their phone and a QR code displayed on a card at the pump. [read post]
6 Jul 2018, 3:22 am
Thomas McCarthy discusses (here) the CAFC's ruling in the INSIGNIA case, Joseph Phelps Vineyards, LLC v. [read post]
16 Sep 2014, 1:17 pm
Concluding that Apple’s store design trademark met all three requirements, the court stated:[T]he representation, by a design alone, without indicating the size or the proportions, of the layout of a retail store, may be registered as a trade mark . [read post]