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20 Jun 2014, 3:17 am
A mark must be considered in the context of the goods or services with which it is used, not in the abstract. [read post]
8 Sep 2012, 9:13 am by Jamison Koehler
Mark Houldin has accepted a job with the National Legal Aid and Defender Association (NLADA). [read post]
4 Mar 2011, 2:17 pm by John L. Welch
It noted once again that when the goods are identical, a lesser degree of similarity is necessary to support a finding of likely confusion.As to the marks, the Board found that "most importantly" the marks are "distinctly different in meaning. [read post]
In short, MILEY CYRUS was filed for various goods and services in classes lasses 9, 16, 28 and 41 and got an opposition based on a stylized mark CYRUS in classes 20 and 41. [read post]
25 Sep 2008, 11:08 am by Sander Gelsing
Then again, this business probably has stronger grounds of opposition under s. 16(3)(a) or even s. 16(3)(c). [read post]
4 Oct 2019, 10:00 pm
  The problem with this plan, however, is that Sections 3(1)(b) and (c) of the UK’s Trade Marks Act 1994 forbid the registration of “trade marks which are devoid of any distinctive character” and “trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the . . . geographical origin . . . of goods or services. [read post]
4 Aug 2023, 11:03 am by Eleonora Rosati
”Going back to the facts of the case, it is difficult to deny that the marks are at least visually and phonetically similar, whilst they were used in the identical class of goods. [read post]
11 Feb 2021, 4:58 am
Tempting Brands Netherlands B.V., Opposition No. 91233138 (February 5, 2021) [precedential] (Opinion by Judge Cynthia C. [read post]
10 May 2021, 4:35 am
Applicant argued that the transposition of the wording is significant because neither mark gives "any indication as to the goods and/or services they are selling or providing, and the ordering and appearance of the terms thus makes all the difference. [read post]
28 Jul 2008, 4:46 am
How strange, then, that a matter as fundamental as the right of a shopping centre operator to register its name as a trade mark should have had to wait so long for a definitive ruling. [read post]
11 Dec 2017, 10:04 pm by Afro-Buff
  First, with regard to acquiescence, section 48 of the Trade Marks Act of 1994 states the following: “(1) Where the proprietor of an earlier trade mark or other earlier right has acquiesced for a continuous period of five years in the use of a registered trade mark in the United Kingdom, being aware of that use, there shall cease to be any entitlement on the basis of that earlier trade mark or other right— to apply for a declaration… [read post]
6 Aug 2012, 2:40 am by John L. Welch
The Board affirmed a Section 2(a) refusal of the mark shown to the right (the symbol alpha followed by the upper-case letters CU), finding it to be deceptive for "dietary supplements, namely, lipoic acid, vitamin C, ascorbic acid, zinc, zinc amino acid chelate, riboflavin, biotin, vanadium, vanadium sulfate. [read post]
8 Oct 2014, 5:53 am
The USPTO refused to register the mark L.A.M.B. for “[c]lothing, namely, jackets, blazers, dresses, skirts, sweaters, jeans, scarves, tops, cardigans, camisoles, shorts, and bustiers; footwear; and headwear,” finding the mark deceptive for the goods under Section 2(a). [read post]
5 Jun 2018, 3:02 am
In re Hy-Vee, Inc., Serial No. 87222634 (May 30, 2018) [not precedential] (Opinion by Judge Cynthia C. [read post]
17 Apr 2012, 3:15 pm
 Just as good ingredients don't guarantee that the pudding will turn out well but, all things being equal, will produce a good result, so do will a good team of authors improve the likelihood that the book will turn out well too. [read post]
3 Sep 2022, 6:57 am by Nedim Malovic
In addition, it also considered that the goods were aimed at consumers with a high level of attention since those goods are intended for business customers with specific professional expertise.Comparison of the signsThe distinctive and dominant elementsAfter considering that the goods were identical, the General Court moved on to assess the distinctive and dominant elements of the marks. [read post]
19 Jan 2016, 1:53 am
As widely known, in 2012, the Court of Justice of the EU gave a decision in Case C-307/10 IP Translator. [read post]