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23 Nov 2009, 9:05 pm
Pointing out that it is "not enough that the mark and the services both appear in the same specimen," the Board upheld a refusal to register the mark WEW for "pay-per-view and on-demand television transmissions of live wrestling exhibitions. [read post]
9 Nov 2006, 9:11 pm
The various federal courts across the United States apply a number of different factors to determine whether the use of a mark is likely to cause confusion with a previously-existing mark. [read post]
2 May 2012, 12:22 pm by tom
  So the marks can coexist, and indeed, there is a registered trademark for HAUL MARK. [read post]
31 May 2021, 3:17 pm by Sabrina I. Pacifici
“As of … the 19 May 2021, TMview will include trade mark data made available by the China National Intellectual Property Administration (CNIPA), taking the total number of trade marks in the search tool from 62 to over 90 million from 75 participating IP Offices. [read post]
25 Sep 2007, 9:23 am
  "Leelanau" in both marks is a reference to a peninsula in Michigan where the wine is produced. [read post]
8 Oct 2009, 7:04 am by Jim Pravel
Previously, Apple had obtained a license from Walt Disney to use the mark MIGHTY MOUSE because it was using the mark on different goods than the famous Disney cartoon character. [read post]
29 Jan 2010, 12:12 am
Accordingly, such Benelux trade marks could also be in danger after five years because the BOIP could perceive the use of such trade marks in one country or province as non-use in the Benelux. [read post]
26 Feb 2008, 6:05 am
Mark Halperin Doesn’t “Cover” the Freak Show. [read post]
27 Nov 2008, 6:46 pm
The IPKat's old friend and highly respected trade mark attorney Sally Cooper is highly indignant with regard to current UK-IPO trade mark registration practice. [read post]
11 Sep 2011, 4:18 pm
The court nonetheless stressed that use of a mark in a domain name as such may be sufficient for constituting genuine use - just not in this case because the public would consider the use of the word Zappa as a general descriptive reference and would not understand it as a reference to the trade mark owner.For an in-depth analysis of this case, this Kat recommends Guido Westkamp’s current intelligence note published in JIPLP: “Personality trade marks and their… [read post]
20 Jul 2012, 5:15 am by Jeremy
In D H Brothers Industries v Olivine Industries (Appeal No. 74/2010, Judgment No. 10/1912 of 29 February 2012) the Supreme Court of Zambia decision held that a national trade mark application could not be opposed on the basis of an earlier, similar, but unregistered trade mark; even where the earlier non-registered mark is well known.In short Olivine, a Zimbabwe company, applied to register the word mark DAILY for goods in Class 3, including soaps. [read post]
16 Jun 2010, 11:00 am
Solo Cup Company, the Federal Circuit held even though marking products with expired patent numbers does constitute false patent marking, a plaintiff cannot prevail in a false marking case unless the false marking was done with intent to deceive the public. [read post]
9 Jul 2011, 1:51 pm by admin
Under 35 U.S.C. 292, whoever falsly marks a product can be fined up to $500 per offense. [read post]
17 Dec 2009, 2:32 am by John L. Welch
The question was whether the marks and identified services are sufficiently similar that the distinctiveness of the registered mark may extend to the mark and services in the application. [read post]