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4 Feb 2020, 1:10 am
Even with the lowered pass mark, only 33.8% of candidates passed the paper.Gantries, 2018The lowering of the pass mark, and the less than sensitive way in which the "borderlining process" was announced (during EQE week), prompted considerable criticism (IPKat: BREAKING: 2018 FD4 (P6 - Infringement and Validity) Pass Mark Reduced). [read post]
28 Dec 2011, 2:29 pm
Especially when it is well-deserved. [read post]
10 Dec 2021, 11:45 am
In the complaint, Rise Brewing points to what it describes as PepsiCo’s documented history of trademark infringement, stating, “By adopting Rise Brewing’s RISE Mark on its own canned caffeine drinks, PepsiCo’s plan follows a well-established pattern—flooding the market with products bearing confusingly similar marks in order to cause consumers to confuse and improperly associate RISE with PepsiCo rather than Rise Brewing. [read post]
11 Apr 2023, 11:44 am
The Board noted that implicit in the Lens.com test is considering consumer perception as well as the consumer’s experience or interaction with the product. [read post]
11 Apr 2023, 11:44 am
The Board noted that implicit in the Lens.com test is considering consumer perception as well as the consumer’s experience or interaction with the product. [read post]
19 Mar 2018, 2:39 pm
If the justices appeared skeptical during Unikowsky’s first 25 minutes at the lectern, they seemed to harbor doubts about Kaye Melin’s position as well. [read post]
5 Nov 2014, 7:20 am
When trade marks overlap. [read post]
17 Feb 2018, 2:54 am
This was dismissed as the colour was used on the packaging and marketing materials as well. [read post]
10 Oct 2019, 11:30 pm
Chapter 4 focuses on new gTLDs and the Trade Mark Clearing House. [read post]
21 Apr 2014, 9:30 pm
The precise nature of the development marked by the gay rights cases, however, remains far from clear. [read post]
23 Apr 2013, 4:02 am
The IPKat's venerable friend Richard Ashmead -- a man who has done more than pretty well anyone else on the planet to draw attention to problems caused by class headings in trade mark applications and to suggest sensible solutions to them -- has not forgotten the fact that the IP TRANSLATOR trade mark application by the Chartered Institute of Patent Attorneys (CIPA) [on which see the myriad Katposts listed here] remains unresolved. [read post]
14 May 2016, 6:34 am
“[A] registered mark may be canceled at any time on the grounds that it has become generic. [read post]
21 May 2024, 3:30 am
The BLACK CARD case suggests that whether a mark fails to funciton depends on the goods/services involved. [read post]
26 Oct 2015, 4:31 pm
"10 points to look for in a draft agreement", offers Mark Anderson of IP Draughts (or maybe that should be 'Drafts' ...) -- though as usual Mark delivers a little more than he promises, in a piece honed for the special interests of an IP readership. [read post]
24 Sep 2014, 3:41 am
The Board already answered those two questions in the affirmative, and so it affirmed the Section 2(e)(1) deceptive misdescriptiveness refusal as well. [read post]
23 Feb 2022, 7:50 am
Over the years, many "settled" scientific theories have been discredited by belated peer review —fiber analysis, hair analysis, ballistics, bite marks, and tool marks. [read post]
19 Mar 2023, 2:34 am
This means a zero-tolerance approach, continued vigilance, the use of undertakings and the need to apply for trade mark registrations (for swifter, less costly and more predictable outcomes, as well as the possibility of damages in the form of a reasonable royalty). [read post]
13 Feb 2023, 3:26 am
Accepting Applicant’s reasoning of culture and ownership, arguendo, the possibility that SOUL FOOD could have multiple connotations when used in the proposed mark SOUL FOOD MARKET is not controlling on the issue of whether Applicant’s mark is merely descriptive of Applicant’s identified services. *** "It is well settled that so long as any one of the meanings of a term is descriptive, the term may be considered to be merely descriptive. [read post]
1 Nov 2013, 5:32 am
Mattel's) claims for trade mark infringement and passing off which the proprietors of various SCRABBLE and SCRAMBLE trade marks had brought against the operators of an online game called "Scramble with friends"; there was one small crumb of comfort for Mattel, though: if its Community trade mark for the word SCRAMBLE had been valid, Zynga would have been infringing it. [read post]
17 Dec 2014, 11:31 am
On Class 46, Laetitia Lagarde writes up a recent General Court case in which the word mark GENERIA and a figurative mark containing the word GENERALIA come in for a close comparison, here. [read post]
