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6 Feb 2014, 7:09 am
must be interpreted as meaning that the proprietor of a trade mark with a reputation may be obliged, pursuant to the concept of ‘due cause’ within the meaning of that provision, to tolerate the use by a third party of a sign similar to that mark in relation to a product which is identical to that for which that mark was registered, if it is demonstrated that that sign was being used before that mark was filed and that the use of that… [read post]
17 Jul 2015, 7:24 am
However TOP Logistics, in providing a warehouse service for goods bearing another’s trade mark, did not 'use a sign identical to that trade mark for goods or services identical or similar to those in respect of which the mark is registered'.* Accordingly, Article 5 must be interpreted as meaning that the proprietor of a trade mark registered in one or more Member States may oppose a third party placing goods bearing that trade… [read post]
27 Oct 2023, 7:20 am
In respect of the Mark, however, the Board found that the goods applied for could be found in a variety of shapes, and it could not be established that - simply because some of such goods may take the shape of a gummy bear - that the relevant public would associate the motif of a gummy bear with these goods, as they are totally unrelated (DEVICE OF THE OUTLINE OF A BEAR, T-591/21). [read post]
10 Jun 2021, 12:25 pm
Chanel restated the claims made in connection with the first ground regarding the degrees of similarity between the marks. [read post]
5 Aug 2015, 9:10 am
Under s.22 of the Australian Trade Marks Act 1995, the power of a registered trade mark owner is as follows;“The registered owner of a trade mark may, subject only to any rights appearing in the Register to be vested in another person, deal with the trade mark as its absolute owner and give in good faith discharges for any consideration for that dealing. [read post]
6 Jul 2021, 3:43 am
Entitlement to a Statutory Cause of Action: A party may petition to cancel a registration when the cause of action is within the zone of interests protected by Section 14 and when the party has a reasonable belief in damage proximately caused by the continued registration of the mark. [read post]
21 Aug 2019, 11:30 am
While this may be viewed a subsidy to US trade mark practitioners, the cost will be somewhat offset, both by the cleaner register and the other amendments aimed at improving the efficiency of the registration process. [read post]
18 Mar 2012, 11:39 am
On May 3 through May 10, 2011, the U.S. [read post]
16 Mar 2016, 7:51 am
Kat readers may have seen the video of a drone flying through New Year’s Eve fireworks display, capturing spectacular footage. [read post]
27 Nov 2012, 3:57 am
" In order to understand the meaning of the mark in the context of these goods, a customer must undertake a multistage reasoning process, through which he or she may appreciate the suggestion that the STICK does not contain a PC, but rather all of the data and software content of a PC. [read post]
1 Apr 2014, 3:28 am
The hearing schedule and other details regarding attendance may be found at the TTAB website (lower right-hand corner)]. [read post]
16 Feb 2016, 1:43 am
Thanks to this Eleonora's lovely conceptual map you will get a clearer picture of what events may occur in the life of a national EU trade mark, starting from the notion of "sign" to registration and anything after that, ie infringement, invalidity, revocation, and much more.* Why it may not be possible to provide a comprehensive explanation of trademarksTrade mark law may be hard, says Neil, but is it even harder to address trade… [read post]
24 Mar 2008, 5:00 am
" Second, the label included the words "Napa Valley" -- because Petitioner's wine is made in Ohio, "survey respondents may have ruled out petitioner as the source of the wine. [read post]
9 Feb 2017, 9:21 am
The USTPO will be able to require the submission of information, exhibits, affidavits or declarations, and such additional specimens of use as may be reasonably necessary to ensure that the register accurately reflects marks that are in use in commerce in the United States (unless excusable nonuse is asserted). [read post]
28 Sep 2009, 10:53 pm
"The registered marks are in standard character form (not in "standardized font," as Applicant alleged), and therefore the Board must consider each registered mark "in all reasonable manners in which it may be displayed. [read post]
22 Aug 2012, 1:28 am
The fact that wine and sauces are relatively inexpensive and may be subject to impulse purchase increased the likelihood of confusion.Applicant claimed that its customers are sophisticated, but even if that were true, "even sophisticated purchasers are not immune from source confusion, especially in cases such as the instant one involving similar marks and related goods. [read post]
9 Feb 2017, 9:21 am
The USTPO will be able to require the submission of information, exhibits, affidavits or declarations, and such additional specimens of use as may be reasonably necessary to ensure that the register accurately reflects marks that are in use in commerce in the United States (unless excusable nonuse is asserted). [read post]
14 May 2007, 4:40 am
Although Registrant uses its mark as part of a telephone number, the Board found that to be irrelevant, since the EASYBED mark is registered in standard character form.As to the goods and services, the evidence showed that air beds and traditional mattresses may be found on the same websites and sold under the same mark. [read post]
18 Mar 2011, 2:26 am
In either case, while we view applicant’s mark in its entirety, we find that the term “ALLENS” is emphasized, and creates the dominant commercial impression.The extra "L" in the applied-for mark is likely to be overlooked by customers, who may believe that Applicant's goods are an extension of those of registrant, "perhaps either in a more 'green' line 'NATURALLY' or emphasizing that consumers should once again… [read post]
12 May 2009, 3:50 am
" The Board whacked that one of the park: a mark may be deemed descriptive even if applicant is the first, and only, user. [read post]
