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6 Jan 2014, 6:43 am
They’re also obviously at risk of simply describing, in a laudatory manner, characteristics of the goods or services in question.CJEU Cases C-398/08 P Audi AG v OHIM (VORSPRUNG DURCH TECHNIK) and C-311/11 P Smart Technologies ULC v OHIM (WIR MACHEN DAS BESONDERE EINFACH), already blogged by Jeremy hereand here, set out the position in Europe. [read post]
5 Apr 2017, 7:35 am
It might have expected to succeed because in 2014, Motors successfully opposed an application by B62 for BENTLEY 1962 for the same goods, relying on (amongst other successful grounds) unfair advantage (decision). [read post]
6 Apr 2017, 2:59 am
The TTAB affirmed a Section 2(b) refusal of the mark shown below left, for various goods in classes 20, 21, and 24, including furniture, dinnerware, and fabrics, on the ground that the mark comprises a design that simulates a governmental insignia of the United Kingdom, namely, the Prince of Wales' emblem (shown below right)]. [read post]
12 Jun 2014, 4:00 am
What happens when a user of a mark for one category of goods begins to use that mark in another category of goods – in which a second party has a registered mark. [read post]
9 Jun 2009, 2:54 am
" Examining David C. [read post]
11 Dec 2013, 1:16 pm
However, Article 4 of the Comparative Advertising Directive provides that comparative advertising is permitted where(a) it is not misleading to the consumer; (b) it compares goods or services meeting the same needs or intended for the same purpose; (c) it objectively compares one or more material, relevant, verifiable and representative features of those goods and services, which may include price; (d) it does not discredit or denigrate the trade marks, trade… [read post]
14 Nov 2023, 1:40 pm
C-251/95, SABEL, § 22; C-39/97, Canon, § 16). [read post]
30 Jan 2019, 6:29 am
The EUIPO examiner denied registration, on grounds that the sign would both lack distinctive character and be descriptive of the goods and services, in accordance with what is now Article 7(1) (b) and (c) in Regulation 2017/1001 on the EU Trade Mark (EUTMR). [read post]
11 Nov 2019, 5:16 am
(b) a registered trade mark of which the distinctive elements are the same or substantially the same as those of an existing registered mark and which is registered for the same goods and services, to continue after commencement any use which did not amount to infringement of the existing registered mark under the old law. [read post]
16 Sep 2015, 2:07 am
In re Christopher C. [read post]
17 Mar 2023, 3:09 am
Tax deadlines vary depending on whether an LLC is filing as a sole proprietorship, partnership, S corporation, or C corporation. [read post]
31 Aug 2020, 8:51 am
ART v OHIM, and C-196/11, Formula One Licensing v OHIM; see also the judgment of 12 June 2020, C-705/17, Hansson), the CJEU has sent a clear message about the “value” of these marks to trademark offices and courts, and there is room for hope that weak marks will stop being TMDs in future assessments of likelihood of confusion under EU trademark law…. [read post]
28 Mar 2016, 12:14 pm
Law firms are not a fungible commodity and CI enables them to emphasize this.It is only too bad sales doesn't start with a C or I would have a new set of CI initials to expound. [read post]
5 Dec 2018, 5:42 am
In re De Beers Intangibles Limited, Serial No. 79198047 (November 28, 2018) [not precedential] (Opinion by Judge Cynthia C. [read post]
29 Dec 2010, 2:45 pm
Without the facts, the IPKat isn't even sure if this is the right Wintersteiger Now here's a good IP question or two for the Court of Justice of the European Union -- it's coming up in Case C-523/10 Wintersteiger [courtesy of the UK Intellectual Property Office, here] and the questions run like this: "1. [read post]
4 Jul 2015, 4:20 am
As the case focused on only the concert service and CD/DVD goods in classes 41 and 9, he had to determine whether the mark was distinctive in those goods and service, or if it was merely descriptive. [read post]
28 Jun 2008, 2:49 pm
As a reminder, the following italicized questions come from Jane C. [read post]
28 Apr 2022, 2:55 am
Despite identical goods, presumably identical channels of trade and classes of consumers, and the high level of strength of opposer's marks, the Board deemed the first DuPont factor to be dispositive. [read post]
4 Jan 2023, 1:14 pm
In 1992, Dana Design Ltd. registered the typeset mark DANA DESIGN for “sporting goods sold exclusively in sporting goods, outdoor and mountaineering shops; namely, backpacks, frames for backpacks, fanny packs and hip sacks. [read post]
4 Jan 2023, 1:14 pm
In 1992, Dana Design Ltd. registered the typeset mark DANA DESIGN for “sporting goods sold exclusively in sporting goods, outdoor and mountaineering shops; namely, backpacks, frames for backpacks, fanny packs and hip sacks. [read post]
