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3 Sep 2015, 3:26 am
(2) May the principles laid down by [the CJEU] regarding the genuine use of a Community trade mark be applied in the context of the territorial criteria used when examining the reputation of such a mark? [read post]
13 Mar 2019, 5:20 am
The ellipsis and the question mark of the contested mark have no relevant impact on the aural comparison. [read post]
18 Feb 2020, 12:02 pm
The earlier marks were assessed as having a normal inherent distinctive character.An average degree of phonetic similarity between the earlier EU mark and the mark applied for was found, and a weak degree between the earlier Spanish mark and the mark applied for due to the qualification added by the words 'colchon' and 'sport' respectively. [read post]
7 May 2020, 5:14 am
" Applicant's mark is not incorporated into wording or into another design, as is the case in registered marks cited by the applicant. [read post]
29 Jan 2009, 1:46 pm
Mark Webbink is a Visiting Professor of Law and Executive Director of the Center for Patent Innovations at New York Law School. [read post]
24 Jul 2020, 9:13 am by Karen MacDonald (CA)
Trademark owners often face challenges when attempting to enforce against non-confusing third party trademark use, for example, where someone has adopted a “parody” mark, where the mark may be similar trademark, or have the same ‘look and feel’, but in a completely different consumer space such that consumer confusion is unlikely. [read post]
24 Jul 2020, 9:13 am by Karen MacDonald (CA)
Trademark owners often face challenges when attempting to enforce against non-confusing third party trademark use, for example, where someone has adopted a “parody” mark, where the mark may be similar trademark, or have the same ‘look and feel’, but in a completely different consumer space such that consumer confusion is unlikely. [read post]
9 Nov 2011, 11:15 pm by admin
Trademark applications and service mark applications are often rejected due to a likelihood of confusion with another registered mark. [read post]
23 Jul 2012, 2:45 am by John L. Welch
The four letters that begin each mark will have a greater impact than the letters that end each mark. [read post]
13 Jun 2011, 3:43 am by John L. Welch
The PTO refused registration of the mark LION GLOBAL RESOURCES for various financial services [GLOBAL INVESTORS disclaimed] in view of the registered mark LION for partly identical financial services. [read post]
12 Jan 2011, 2:19 pm
Keyword advertising (in particular Google AdWords) and trade marks is an ‘evergreen’ topic and one of this Kat’s guilty trade mark pleasures. [read post]
19 May 2010, 11:13 pm by war
What trade mark was used? [read post]
25 Apr 2008, 5:00 am
The Board affirmed a Section 2(d) refusal to register the mark BRICKSTONE CELLARS for wine, finding the mark confusingly similar to the registered mark BRICKSTONES for restaurant services. [read post]
11 Sep 2015, 6:33 am
Only three of five third-party registrations involved marks having the same structure as the marks at issue, and there was no evidence that those marks are in use. [read post]