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13 Feb 2017, 3:52 am
" Because Section 45 does not define the term "displays associated therewith," the Board must determine on a case-by-case basis whether a particular specimen qualifies as a "display" adequate to demonstrate use in commerce. [read post]
17 Jun 2019, 3:02 am
The Board sustained this opposition to registration of the mark MEZQUILA for "alcoholic beverages except beer," finding that "Applicant's intent at the time they filed their application was merely to reserve a right in the MEZQLA mark in case they decided to begin developing an associated product at some future time. [read post]
7 Jul 2014, 4:30 am
For the same reasons set forth in this case, the Board will not consider marketplace factors in its Section 2(d) analysis when deciding an inter partes case. [read post]
30 Nov 2022, 11:40 am by Tian Lu
The strong ‘additional meanings’, or the acquired distinctiveness, take the sign out of the shadows of being a descriptive term and make it eligible for trade mark registration.Earlier this month, a case ruled by Beijing Higher People’s Court demonstrated the respective ways-out. [read post]
31 May 2017, 1:09 am by Jani Ihalainen
The case is a big blow for Nestle, and it'll be interesting to see whether they appeal the decision further to the Supreme Court. [read post]
14 Sep 2015, 1:01 am
The case still is an interesting application of Canadian law, but do our readers disagree in the application of passing off on the Internet through this rationale? [read post]
14 Jul 2015, 11:19 am by Law Offices of David L. Freidberg, P.C.
In the case above, Marks pled guilty to attempting to strangle the victim, which is why he was convicted of aggravated domestic battery. [read post]
4 Apr 2011, 4:00 am by Ted Folkman
Harris first attempted to serve NGK by registered mail, but the papers were returned, marked “refused. [read post]
3 Dec 2019, 2:49 am by Clément Monnet
In practice, this case clearly illustrates that a trade mark representing the shape of a product is still not easily enforceable against a competitor. [read post]
3 Dec 2019, 2:49 am by Clément Monnet
In practice, this case clearly illustrates that a trade mark representing the shape of a product is still not easily enforceable against a competitor. [read post]
3 Dec 2019, 2:49 am by Clément Monnet
In practice, this case clearly illustrates that a trade mark representing the shape of a product is still not easily enforceable against a competitor. [read post]
3 Dec 2019, 2:49 am by Clément Monnet
In practice, this case clearly illustrates that a trade mark representing the shape of a product is still not easily enforceable against a competitor. [read post]
2 Feb 2022, 9:19 am by Dennis Crouch
This case is related both to TAM, BRUNETTI and also BOOKING.COM, but none of those save-the-day for Vox. [read post]
9 Mar 2010, 3:05 am by John L. Welch
In any case, Bridgestone's claim to ownership of an "-NZA" family of marks got no traction. [read post]
2 Jan 2007, 9:29 am
[The IPKat thinks this is right - otherwise every case would be a tarnishment case]* There could be no finding of due cause based on a comparative advertising argument. [read post]
10 Jan 2007, 2:14 pm
"The case was remanded to the TTAB for further proceedings.TTABlog comment: I'm still thinking about this decision. [read post]
15 Dec 2014, 1:30 pm by Luke Hawthorne (AU)
While declining to comment on “the metes and bounds of how the Registrar should or should not proceed in an appeal,” the Court noted that case law provides: that the Commissioner of Patents has “the full rights of a party” in a similar position; and that the Registrar of Trade Marks should be so entitled; otherwise there is ‘ no-one to present a view contrary to that of the applicant in the court. [read post]