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23 Jan 2009, 4:00 am
" As to Opposer's other goods and services, the mark "may enjoy some renown," but the Board was not prepared to say the mark is famous therefor.Family of Marks: Sorry, Hearst, but you didn't prove a family of marks: "the mere fact of adoption, use and/or registration of several marks incorporating COSMOPOLITAN or COSMO ... does not in itself prove that a family of marks exists. [read post]
18 Aug 2016, 5:00 am by Kwan Loh
(For a discussion about official marks and their interplay with regular trade-marks, please see this previous post on our blog.) [read post]
10 Aug 2014, 2:36 pm by Michael Atkins
For goods, that means affixing the mark to the good itself or placing it on product packaging. [read post]
19 Dec 2018, 2:15 am by Sharon Daboul
When applying to register unusual marks, such as the color purple in Cadbury’s case, the description provided at the time of filing the application is of key significance and forms as much a part of the mark as the mark itself. [read post]
23 Mar 2016, 2:51 am
Among other things:The Office for the Harmonization in the Internal Market (OHIM) is renamed European Union Intellectual Property Office (EUIPO) [here's the renewed website];Community trade marks become European Union trade marks;and Regulation 207/2009 becomes Council Regulation 207/2009 of 26 February 2009 on the *European Union* trade mark. [read post]
13 Nov 2013, 7:55 am by Michael Atkins
The message is that if they choose a mark that creates a likelihood of confusion with the owner’s prior mark, the prior owner will do what’s needed to protect its legal rights. [read post]
31 Mar 2016, 8:51 am
 Mark SeeleyMark Seeley (Senior VP and General Counsel at Elsevier). [read post]
In an effort by the owners of the mark BROOKLYN BREWERY to cancel registration of the mark BROOKLYN BREW SHOP, the U.S. [read post]
14 Jan 2020, 4:41 am
"The Board acknowledged that the COLA-approved labels did not display the subject mark, but the mark did appear on respondent's packaging (see above). [read post]
20 Apr 2014, 4:35 pm
Section 14(3) Under Section 14(3) of the Trademark Act, a party may petition to cancel a registration of a mark if the mark "is being used by, or with the permission of, the respondent so as to misrepresent the source of the goods or services on or in connection with which the mark is used. [read post]
3 Sep 2019, 3:14 am
"We find as a result that Applicant’s HYDRAPORE mark is nearly identical to the HYDRO PORE mark in the cited registration in appearance and sound. [read post]
22 May 2015, 1:57 am
Yes, said the Court: the Board of Appeal was right to conclude that the marks at issue constituted the shape of goods produced and marketed by the trade mark proprietor. [read post]
19 Mar 2015, 8:21 am
If the mark is used for services, the specimens must show the mark and include some clear reference to the type of services rendered under the mark. [read post]
14 Dec 2016, 5:22 am by Afro Leo
In response, Ackermans filed a counter-application for the removal of Truworths' mark from the Trade Marks Register based on non-distinctiveness, which was also upheld by the SCA. [read post]
6 Feb 2014, 4:05 pm
However, it also includes trade mark claims unique to Canada’s trade mark laws. [read post]
11 Dec 2020, 3:53 am
Applicant introduced 220 sets of third-party registrations for similar or identical marks owned by different entities where one entity has registered its mark for beer and the other entity has registered its mark for wine. [read post]
18 Nov 2024, 3:33 am
Article 8 provides, in pertinent part: When the owner of a mark seeks the registration . . . of the mark in a Contracting State other than that of origin of the mark and such registration . . . is refused because of the previous registration . . . of an interfering mark, he shall have the right to apply for and obtain the cancellation or annulment of the interfering mark upon proving, in accordance with the legal procedure of the country in which… [read post]
10 Jun 2015, 3:28 am
DC Comics believes that use of the mark Robyn would cause confusion, that consumers may be deceived and that their trade mark will be diluted and tarnished. [read post]
22 Jul 2015, 2:49 am
" Although the Board may properly assign more or less weight to a given component of a mark, it still must consider the mark as a whole. [read post]