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16 Dec 2016, 2:11 pm
C. [read post]
21 Feb 2013, 4:08 am
In its view, Seven's earlier trade marks had acquired an average distinctive character on the Italian market in relation to those goods, but rejected the opposition in respect of all the other goods. [read post]
11 Oct 2017, 8:17 am
Making sense of trade mark conflict in the EUTM systemContinental Reifen Deutschland v Michelin Case C‑84/16 (CJEU) (July 2017)Covered in my earlier IPKat post here, this was the CJEU’s decision to uphold a finding that a figurative trade mark for the letter X could block an EUTM application for a figurative trade mark with the letters XKING for identical goods. [read post]
24 Jan 2018, 10:01 am
§1125(c). [read post]
20 Aug 2009, 10:10 pm
Opposer Learning Annex was schooled by the TTAB in its opposition to registration of the mark SECRETS OF THE MILLIONAIRE MIND for tapes and CDs, various printed materials, and educational services relating to self-improvement and wealth accumulation: (A) Opposer neglected to prove its standing; (B) Opposer failed to establish that the subject mark is merely descriptive under Section 2(e)(1); and (C) Opposer wrongly asserted that the mark is unregistrable as the… [read post]
6 Nov 2019, 12:26 am
Notably, it was raised that registering the mark under 'apparatus for locomotion by air and/or water' would be free from objection under s3(1)(b) and (c), as set out in the past case of Jaguar Land Rover Ltd v OHIM regarding a different JLR product [however, this point does arise later, under different circumstances...]Acquired distinctiveness - From Windsurfing Chiemsee, acquired distinctiveness is found if:"the competent authority finds that the relevant… [read post]
8 Jun 2014, 11:00 pm
It all comes down to what consumers perceive: what does the mark say about the goods or services or where they come from? [read post]
29 Nov 2023, 12:44 pm
C. [read post]
29 Oct 2010, 6:00 am
Attorney Mark C. [read post]
29 Oct 2010, 6:00 am
Attorney Mark C. [read post]
3 Mar 2015, 4:19 am
Sometimes a mark is almost too well known for its own good. [read post]
10 Apr 2020, 3:34 am
A TTAB Administrative Trademark Judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the involved goods or services. [read post]
1 Aug 2017, 10:22 pm
More than you’d think, thanks to the decision of the Court of Justice of the EU (CJEU) in Continental Reifen Deutschland v Compagnie generale des etablissements Michelin Case C‑84/16 P [2017] EUECJ C-84/16 (26 July 2017).Katfriend Darren Meale (Simmons&Simmons) explains it all.Here’s what Darren writes:“X versus XKINGThe two marks shown in the table below faced off in an opposition before the EUIPO. [read post]
2 Mar 2015, 5:41 am
It is just something to consider when dealing with potential infringement issues.[1] Key case on notion of “use” is Google France.[2] Key case on notion of “under the sign” is Céline.[3] Key case on comparative advertising is L’Oréal.[4] Cftrade mark exhaustion sub (7).[5] Key cases on notion of “use in the course of trade” are Arsenaland Céline.[6] Use in one Member State alone [read post]
8 May 2018, 6:37 am
This, if followed by the 13 judges, may kill Louboutin’s mark because under the old law it would put the mark under the spotlight of the prohibition of marks which are shapes which give substantial value to the goods. [read post]
12 Apr 2013, 7:37 pm
., March 26, 2013, Hansen, C.). [read post]
22 Dec 2014, 3:41 am
The goods are obviously legally identical, but are the marks close enough? [read post]
18 Aug 2020, 3:57 am
Dunn).Under Section 2(a), registration is unavailable for a mark that “[c]onsists of or comprises… deceptive … matter. [read post]
1 May 2023, 11:20 am
KG (the opponent) filed an opposition pursuant to Articles 8(1)(b), 8(4) of Regulation (EU) 2017/1001 (EUTMR).The opponent claimed that there was a likelihood of confusion, on the basis of its following earlier marks:Mark 1: International word mark SIMBA registered for goods in Class 28 (Toys, with the exception of soft toy animals, games’);Mark 2: International figurative mark for goods in Class 28 (Toys, excluding soft-padded cloth animals… [read post]
10 Nov 2016, 7:04 am
On a different note, most trade mark laws around the world prohibit the registration of technical solutions as trade marks. [read post]
