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6 Feb 2013, 2:49 pm
This provision states that: The following shall not be registered: … (c) trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service. [read post]
28 Mar 2013, 4:54 pm
Estée Lauder subsidiary Aveda had registered the word AVEDA as both a UK trade mark and a Community trade mark for goods in a variety of classes, including 'cleaning, polishing, scouring and abrasive preparations' in Class 3. [read post]
8 Aug 2021, 11:55 am
Bad faith pursuant to Article 59(1)(b) of the EU Trade Mark Regulation (EUTMR), presupposes the presence of a dishonest state of mind or intention (Koton Mağazacilik Tekstil Sanayi ve Ticaret v EUIPO (C‑104/18 P)). [read post]
14 Dec 2014, 6:06 am
GmbH v Klijsen Handel BV, at 17; Case C-251/95 SABEL v Puma at 18-19). [read post]
17 Aug 2022, 3:15 am
There are three elements that must be met to invoke the bar of Section 2(e)(3): (1) The primary significance of the mark is a generally known geographic location; (2) The goods do not come from the place identified in the mark, but the relevant public would be likely to believe that the goods originate there; and (3) The misrepresentation is a material factor in the purchaser's decision to buy the goods in question. [read post]
27 Jul 2017, 12:44 am
Readers will remember in particular that in Diorthe CJEU linked the grant of a licence in the context of a distribution agreement concerning luxury products (in that case, "corsetry goods") to the exercise of Dior’s trade mark rights, notably the right to put relevant goods into circulation for the first time. [read post]
26 Apr 2021, 12:41 am
If we think about the NEUSCHWANSTEIN case (C-488/16), the answer is: yes, it can be registered, provided there is no connection between the designated goods/services and the famous place. [read post]
19 Oct 2014, 10:20 am
A month later Galileo opposed this application, citing two earlier Community word mark registrations for the word GALILEO, for a large number of goods and services in Classes 9, 16, 35, 38, 39, 41 and 42. [read post]
7 Feb 2014, 8:56 am
[The Board granted a petition for cancellation of two registrations, one for the mark HAVANA SOUL and the other HAVANA LEON, both for cigars made with Cuban seed tobacco, as a sanction for Respondent's failure to comply with a Board discovery order].C. [read post]
17 May 2011, 5:19 pm
He also stated that social networks will give consumers easily accessible information pertaining to what products are counterfeit goods. [read post]
23 Jan 2020, 3:15 am
In re QVC, Inc., Serial No. 86670074 (January 21, 2020) [not precedential] (Majority opinion by Judge Cynthia C. [read post]
26 Jan 2023, 4:54 am
Text Copyright Robert C. [read post]
16 Jul 2020, 1:27 pm
C. [read post]
6 Dec 2021, 12:45 am
The fate of the Gömböc 3D trademark application followed that of its namesake, the legendary Head Cheese of a Hungarian folk tale that devoured too many people and then burst in the end (watch in Hungarian): the 3D mark was refused for all goods, namely decorative objects (class 14 and 21) and toys (class 28) (number of the decision: Pfv.IV.21.140/2020/8.) [read post]
11 Sep 2023, 4:00 am
Comment With this new provision the absolute grounds for refusal of trade mark registration are broadened to include goods and/or services not strictly protected by PDOs and PGIs, thus confirming the nature of PDOs and PGIs as instruments of public policy and as collective rights of agricultural operators. [read post]
18 Jan 2018, 2:32 am
" In re Pitney Bowes, Inc., Serial No. 86502157 (January 10, 2018) [precedential] (Opinion by Judge Cynthia C. [read post]
8 Sep 2022, 6:46 am
” The IG report said the FBI missed the (C) markings until late in the investigation. [read post]
6 May 2019, 3:52 am
Ronald Mark Huber, Opposition No. 91232736 (May 3, 2019) [not precedential] (Opinion by Judge Cynthia C. [read post]
14 Aug 2014, 8:35 am
If you litigate cases in the NC Business Court, mark your calendar for October 1st. [read post]
15 Nov 2017, 3:02 am
., No. 17 C 414, Slip Op. [read post]
