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5 Jul 2007, 1:46 pm
Unfortunately October will also mark a return of Project Outreach, with outreach arguments scheduled one-a-day on 23, 24, and 25 October. [read post]
4 Jul 2013, 9:00 am by Lorraine Fleck
The Court’s decision follows an earlier trade-mark decision concerning ordering from product literature, Philip Morris Products SA v Marlboro Canada Limited, 2010 FC 1099 where at paragraph 236 that Court noted “… it has been held that leaflets, product literature, and pricing stickers bearing the trade-mark, as well as catalogues, can provide the required notice of association between the trade-mark and the goods to the purchaser when they are… [read post]
1 May 2016, 12:08 am
Account of profits in trade mark infringement and passing off cases? [read post]
27 Apr 2024, 3:22 am by Antonios Baris
Nevertheless, the author notes that there is an increasing tendency to interpret the use of hashtags by third parties as an impairment of the trade mark function.In Chapter 5, Aslani confidently discusses the limits of the scope of hashtag marks and available defences as well as their practical consequences. [read post]
15 Jul 2012, 11:03 am by Darren
This also means that even where a trade mark is registered, evidence of use of the trade mark should be considered to show that the mark is a strong mark. 4. [read post]
Coverage was sought for the following goods: metal clips, computer gaming software and mobile apps, as well as board games and toys. [read post]
19 Jan 2007, 3:14 am
The record shows that petitioner itself offers a "suite" under the mark DEVONSHIRE; the "suite" encompasses toilets and lavatories, as well as shower doors, faucets, and bath accessories. [read post]
15 Jan 2010, 2:34 am
In practice this could mean that getting on for quarter of a million trade mark owners might receive refunds of between €400 and €600 for each trade mark they registered. [read post]
18 Nov 2008, 5:19 pm
Mark Ashton, a partner in our Exton (Chester County), Pennsylvania office and the editor of our Pennsylvania Family Law Blog, wrote an excellent post entitled "Trusting the Estate Plan:  How Trusts Work Well for the Happily Married But Confuse the Rights of Those Who are Not. [read post]
6 Sep 2018, 3:28 am
To the extent that "do food" may connote cooking and eating, the same meaning would apply to applicant's services.The Board therefore found the marks to be similar in appearance, sound, connotation, and commercial impression.The Goods and Services: "It is well established that confusion may be likely to occur from the use of the same or similar marks for goods, on the one hand, and for services involving those goods, on the other. [read post]
4 Mar 2020, 12:06 pm by Peter Groves
It must have been pretty clear to the defendant that there was a risk of confusion if it did not make clear that the packages it sold contained the claimant's links as well as the defendant's. [read post]
6 Oct 2017, 3:23 am
" Opposer was relying on the so-called "well-known mark" doctrine, under which "a party asserts that its mark, while yet unused in the United States, has become so well known here that it may not be registered by another. [read post]
4 Jun 2024, 12:30 am by Anna Maria Stein
For example, back in 2014, Van Cleef & Arpels applied for the registration of the 3D trade mark in China for the well-known 3D graphics composed of four-leaf clover patterns. [read post]
11 Sep 2019, 3:45 am
Applicant also submitted a photograph of the insert to its packaging, but the Examining Attorney rejected that specimen as well, asserting that "the average consumer viewing the mark as shown on the [second] specimen would view it as information about goods sleep habits being provided ... rather than attributing thereto the special significance of a trademark to distinguish the applicant's goods from the goods of others. [read post]
1 Dec 2022, 1:42 am by Kai Schmidt-Hern (Lubberger Lehment )
The evidence of use submitted by Aldi showed that ALDI was a well-known retail brand in Germany. [read post]
20 Jul 2023, 12:30 am by Anna Maria Stein
Thus, it was not possible to establish the market share regarding the objected products and services, the intensity, geographical extent and duration of the use of the sound trade mark, or the proportion of the relevant public that identifies the origin of the products and services, before the filing date of the application.Comment As regards the evaluation of the length and resonance of sound trade marks, we may recall the case of the well-known James Bond theme sound… [read post]