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18 Dec 2019, 3:14 am
The Board affirmed a refusal to register the mark USER FIRST for "Computer software, namely, software development tools for the creation of mobile internet applications and client interfaces," agreeing with Examining Attorney Jacob Vigil that applicant's specimen of use failed to show the mark in use with the identified goods. [read post]
2 Nov 2012, 8:27 am by Peter Tillers
The Mark Thompson case -- Mark Thompson is, or was, the "incoming" CEO of the New York Times and before that was head of the BBC -- the Mark Thompson case will test the New York Times' professed commitment to principle -- its professed abhorrence of the sexual abuse of children. [read post]
8 May 2018, 6:37 am
It is also very well covered by Eleonora here, meaning I need only give the briefest summary. [read post]
9 Jul 2019, 1:24 am by Jani Ihalainen
The Court emphasised that the acquisition of genuine use is analogous to that of distinctiveness, therefore rendering the distinction between a figurative and a position mark unnecessary for genuine use.The Court then looked at the mark itself, which they saw consisted of "…broken or ‘dotted’ lines, which represent the appearance of the product covered by that mark, and two solid lines, representing an affixed cross". [read post]
9 Jul 2019, 1:24 am by Jani Ihalainen
The Court emphasised that the acquisition of genuine use is analogous to that of distinctiveness, therefore rendering the distinction between a figurative and a position mark unnecessary for genuine use.The Court then looked at the mark itself, which they saw consisted of "…broken or ‘dotted’ lines, which represent the appearance of the product covered by that mark, and two solid lines, representing an affixed cross". [read post]
1 May 2023, 11:20 am by Nedim Malovic
In a recent decision, the General Court considered the goods covered by the marks in question, namely ‘Games, toys’ and ‘Gymnastic and sporting articles’, dissimilar since they have a different nature, intended purpose, method of use, manufacturers, and distribution channels. [read post]
7 Sep 2011, 7:44 am
The complaint alleges the packaging of Indian Industries product Mizerak™ Deluxe Chalk Cue and various other billiard equipment products are falsely marked with a patent '275, which covers a billiards table cover. [read post]
29 Mar 2018, 2:54 am
The mark appears on the cover and at the bottom of pages next to the page number.The Board pointed to the TMEP, which states that "publication of one's own periodical is not a service, because it is done primarily for applicant's own benefit and not for the benefit of others. [read post]
23 Apr 2008, 6:40 am
Mark Steyn writes: "Until midnight Eastern tonight, for every copy of America Alone sold at the Steyn store, we'll give 50 per cent of the cover price - ie, our entire profit - to the legal defense funds for the five beleaguered bloggers fighting for free speech in Canada. [read post]
16 Sep 2015, 3:20 am
"Through its distinctive character," continued the Court, "a trade mark must serve to identify the goods or services covered by that mark as originating from a particular undertaking, and thus to distinguish the goods or services in question from those of other undertakings" (para 60).Such distinctive character may be acquired through use. [read post]
15 Sep 2021, 1:59 am by Afro Leo
For trade mark infringement purposes the services are identical in that they are both education and training services or, put differently, the services covered by iCollege’s trade mark are wide enough to cover those in respect of which Xpertease Skills uses their trade marks. [read post]
17 Apr 2007, 8:50 pm
The question was whether Applicant's clothing is related to the motion pictures provided by those users.The MPAA submitted third-party registrations covering clothing items and movies. [read post]
24 May 2012, 6:19 am
The opposition was based on the existence of an international word mark and two national word marks for ‘F1’, and the Community figurative mark (left), covering the same products and services as those indicated in RacingLive SAS’ application for registration. [read post]
18 Mar 2010, 5:50 am by Christina D. Frangiosa
For instance, in 1956, the restaurant closed for a $400,000 renovation project, which enabled the restaurant to expand its inside seating capacity from 300 to 720 and for which the City covered approximately 80% of the cost. [read post]
17 Apr 2014, 8:16 am
The statements those last three states have given suggest that as their existing laws provide for black and white marks to cover all colours, they are not in a position to adopt a change in practice without new legislation.Alright, get on with it – what is the common practice? [read post]
23 Apr 2021, 3:27 am by Tian Lu
The seller was an individual, Chen Jianguang (Chen).The packaging of the alleged infringing product is shown below, which, apparently, bore both the words Peppa Pig and 小猪佩奇:According to this Kat’s own investigation, in April 2019, E-One UK’s trade mark portfolio in China did not cover Peppa Pig nor 小猪佩奇 in class 11 (for table lamps). [read post]