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19 Nov 2019, 3:22 am
Gregory C. [read post]
15 Apr 2022, 4:40 am
A TTAB judge once told me that you can predict the outcome of a Section 2(d) case 95% of the time by just looking at the goods/services and the marks. [read post]
16 Nov 2006, 10:44 am
§1125(c) that the owner of a famous mark shall be entitled to an injunction against another person’s commercial use in commerce of a mark or trade name, if such use causes dilution of the distinctive quality of the mark and to obtain such other relief as provided in this subsection. [read post]
31 Aug 2019, 1:14 am
Analysis The scope of protection of the trade mark First of all, the court recalled that, according to case LTJ Diffusion C-291/00:Since the perception of identity between the sign and the trade mark is not the result of a direct comparison of all the characteristics of the elements compared, insignificant differences between the sign and the trade mark may go unnoticed by an average consumer. [read post]
12 Nov 2014, 2:56 am
Moreover, when the goods are identical, a lesser degree of similarity between the marks is necessary to support a finding of likely confusion.Because both marks include the the designation BARTON, the marks are similar in appearance and pronunciation. [read post]
13 Dec 2013, 5:01 am
No card neededfor this clubWhen deciding on whether the mark was distinctive, the IPO looked at the range of goods and services Tesco wanted to register the goods for; the perception of the general public and what the first impression people would have when encountering the mark. [read post]
6 Oct 2022, 6:43 am
C. [read post]
8 May 2023, 9:58 am
Due cause for claims based on trade mark with a reputation The Supreme Court also denied claims based on a trade mark with a reputation under Sec. 14(2) no. 3 German Trade Mark Act (implementing Art. 10(2)(c) EU Trade Mark Directive into German law). [read post]
9 Feb 2014, 3:07 pm
Thanks, Cerryg, it's good to have your inside track on this ruling. [read post]
24 Jun 2019, 2:24 am
Therefore, “[c]onsumers may expect to find both Applicant’s and Registrant’s goods emanating from a common source. [read post]
7 Feb 2012, 2:45 am
Petitioner raised five grounds for cancellation: that Respondent permits its marks to be used for purposes other than certification (Section 14(5)(C) of the Lanham Act); that respondent does not control use of its marks (Section 14(5)(A)); that respondent discriminates in refusing to certify (Section 14(5)(D)); that the marks are generic for the goods; and that respondent committed fraud on the USPTO in securing the registrations. [read post]
9 Oct 2023, 11:06 pm
(c) Does a trade mark, which is part of the shape of a car part, fulfil a designation function? [read post]
26 Jan 2016, 5:43 am
Referring to C-500/14 - Ford v. [read post]
28 Apr 2021, 11:40 pm
As a result, the April 2010 filing was made in bad faith insofar as it covered goods and services already covered by the earlier marks, and the BoA annulled the trade mark for those goods. [read post]
8 Oct 2020, 3:13 am
" The Board found that BEYONCE' and FEYONCE look and sound alike (Although applicant's mark "could be pronounced as 'fiancé,' the mark could just as plausibly be pronounced as 'fey-on-cé' and be perceived as a direct play on the name of the popular singer Beyoncé. [read post]
24 Jun 2017, 10:44 am
In Case C-63/97 Bayerische Motorenwerke AG and another v Deenik [1999] ETMR 339, the CJEU was asked whether advertisements such as "Repairs and maintenance of BMWs", infringed a BMW trade mark.The CJEU responded at paragraph 64 that:"...Articles 5 to 7 of the directive do not entitle the proprietor of a trade mark to prohibit a third party from using the mark for the purpose of informing the public that he carries out the repair and maintenance of… [read post]
5 Feb 2015, 8:11 am
The Court of Justice recited that in Intel Corporation - Case C-252/07 – it did require that in order to prove the detriment or the serious risk of detriment to an earlier mark's distinctive character [dilution] because of the use of a later mark - article 8(5) Regulation 207/2009 - the trade mark proprietor must file due evidence of a change in the economic behaviour of the average consumer of the goods and services for which the earlier… [read post]
23 Jan 2014, 4:00 pm
The Court of Justice of the European Union (CJEU)'s Medion decision [Case C-120/04, noted by the IPKat here] has been the subject of some consternation for trade mark applicants, and in Case C-591/12 P, the case of BIMBO DOUGHNUTS, they were left in a hole. [read post]
22 Nov 2022, 4:05 am
So, the goods overlap, but what about the marks? [read post]
25 Sep 2019, 2:56 am
Even if the mark did misdescribe the goods, the Board found that the second and third prongs were not met. [read post]
