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23 Aug 2024, 4:19 am
Moreover, there was no evidence (i.e., third-party registrations or excerpts from third-party websites)  that these services may emanate from a single source. [read post]
6 Mar 2015, 7:56 am by Rebecca Tushnet
  The mark was subsequently registered on the Supplemental Register. [read post]
11 Dec 2023, 10:34 pm by Marcel Pemsel
It provides that reasonable compensation may be claimed in respect of infringing acts occurring between the publication of an EU trade mark application and its registration. [read post]
29 Jul 2018, 4:51 pm by Tom Galvani
Though changing the mark may seem like a very simple thing to do, it can have disastrous consequences, including abandonment of the application, and so careful planning and good counseling is absolutely necessary. [read post]
24 Jan 2022, 4:54 am
" A design may be so common in the industry that it cannot identify a particular source, in which case registration should be refused "on the ground that the proposed mark fails to function as a mark. [read post]
21 Sep 2022, 2:58 am
Section 2(a), in pertinent part, bars registration of a mark that "consists of or comprises . . . matter which may . . . falsely suggest a connection with persons . . . institutions . . . . [read post]
2 Apr 2013, 3:30 am by John L. Welch
The hearing schedule and other details regarding attendance may be found at the TTAB website (lower right-hand corner)]. [read post]
28 Nov 2023, 10:17 pm by Marcel Pemsel
Real-life pictures of a person's face may be unique but uniqueness and distinctiveness are two different concepts. [read post]
8 Apr 2024, 3:47 am
Consequently, a prima facie case of nonuse may be established inferentially based on proven facts. [read post]
6 Jun 2019, 5:57 am
The USPTO refused registration of the marks GUEPARDO, in standard characters and also in the design form shown below, both for vehicle wheels, finding the marks likely to cause confusion with the registered mark CHEETAH for, inter alia, tire bead seating equipment. [read post]
8 May 2024, 7:19 am
., Serial No. 97281194 (May 2, 2024) [not precedential] (Opinion by Judge Wendy B. [read post]
19 Jan 2023, 3:00 am by Anna Maria Stein
“... it must be pointed out that the fact that the goods at issue may be sold in the same commercial establishments, such as department stores, is not particularly significant, since very different kinds of goods may be found in such shops, without consumers automatically believing that they have the same origin” (para 31). [read post]
” Since an unregistered mark may still be publicly displayed, the government’s claim that 2(a) “protects” the public from objectionable material fails. [read post]
5 May 2008, 4:30 am
It noted that "an opposer may defeat a trademark application for lack of bona fide intent by proving the applicant did not actually intend to use the mark in commerce or by proving the circumstances at the time of filing did not demonstrate that intent. [read post]
7 May 2010, 8:46 am by Daniel Schwartz
Although Rick titled the post "Confidentiality Clauses May be a Thing of the Past", the content of the post suggests that not even Rick believes that all confidentiality provisions may be struck down. [read post]
22 Oct 2009, 11:16 am
Those images of trade marks that refuse to be shown on the Curia website (see earlier post here) are still rankling with the IPKat. [read post]
The post UNESCO warns Russia that strikes on Ukraine World Heritage Sites may breach international law appeared first on JURIST - News. [read post]
16 Nov 2018, 7:19 am
Independent of these third-party uses on other goods, there may still be confusion between Omaha Steaks’ marks and GOP’s new mark for consumers purchasing meat.Because the Board's analysis under the sixth du Pont factor was "fatally flawed," the court vacated its finding and remanded the case with instructions to the Board to "reweigh the limited, relevant evidence of third-party use. [read post]
7 May 2018, 2:55 am
Burch DO, Oppositions Nos. 91224580 and 91226572 (May 3, 2018) [not precedential]. [read post]
11 Jun 2018, 2:46 am
Moreover, the knife-and-fork design in applicant's mark is a relatively small element of the mark and is at best suggestive of restaurant services.Appplicant's prior registration: Under the thirteenth du Pont factor, the Board may consider "any other establish fact probative of the effect of use. [read post]