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19 Jul 2012, 7:11 am
Some advice on communicating with your client, from in-house columnist Mark Herrmann. [read post]
4 Feb 2016, 6:40 am
Markenrechtlich gesehen handelt es sich weiterhin um eine Wort-Bild-Marke, da das Wort «Google» grafisch gestaltet ist. [read post]
19 May 2024, 10:27 pm
Can the trade mark become deceptive and if so, under what circumstances? [read post]
30 Mar 2015, 12:52 am
The court, the Tribunal de commerce de Bruxelles, in its capacity as a Community trade mark court, annulled the Benelux mark ENGLISH PINK and ordered Carolus to stop using that mark throughout the European Union. [read post]
27 Dec 2021, 4:44 am
The standard character mark MIRAGE BRANDS may be displayed in any style or font, including that of the words ROYAL MIRAGE in petitioner's mark. [read post]
13 Dec 2013, 5:01 am
It also suggested that the fact that other people had been using the mark did not affect the mark being distinctive to Tesco and that any third party use of the mark could actually amount to an infringement of its rights. [read post]
11 Dec 2010, 10:24 pm
London was a relative of Mark Madoff. [read post]
17 Oct 2018, 3:59 am
Blocking injunctions (at least for trade marks, but surely for copyright infringement too?) [read post]
9 Jan 2021, 5:22 am
Trade mark holders: beware! [read post]
8 Oct 2018, 6:22 am
Relevant factors to consider include:the degree of similarity between the marks,the degree of distinctiveness of the famous mark,the extent to which the owner of the famous mark is engaging in exclusive use of the mark,the degree of recognition of the famous mark,whether the use of the junior mark intended to create an association with the famous mark, andany actual association between the mark and the famous mark. [read post]
31 Jul 2019, 8:25 am
’ (paragraph 27) ‘Assessment of the similarity between two marks means more than taking just one component of a composite trade mark and comparing it with another mark. [read post]
4 Dec 2020, 3:21 am
Indeed, an applicant may own scores of previously registered marks, any one of which could be appended to the root mark as originally filed. [read post]
9 Jul 2013, 4:39 am
Comparing the respective marks, there was some small similarity in so far as both contained the words "Monte Carlo", but that was about as far as it went -- and there was no evidence in any event that the opponent's mark was a mark with a reputation among the good folk of Ireland. [read post]
29 Dec 2014, 12:45 am
The notion of post-dated evidence in IP proceedings is not confined to trade mark law. [read post]
4 Aug 2023, 11:03 am
It is for the proprietor of the reputed mark to demonstrate this. [read post]
10 Feb 2024, 4:24 am
Pursuant to Article 18(1) EUTMR, genuine use of an EU trade mark can still be achieved through use of the mark in a different form, so long as it only differs in elements which do not alter the distinctive character of the mark in the form in which it was registered.Noah Clothing's position was that the addition of the upper-case letter "Y" followed by a full stop (as shown in the Second Mark) altered the distinctive character of the… [read post]
8 Mar 2023, 8:54 am
Consider a trade mark owner who has acquiesced, for a period of five successive years, to third party's use of a later registered trade mark, while being aware of such use. [read post]
17 Jun 2019, 9:39 am
According to the Study on the overall functioning of the European Trade Mark System, only few national trade marks systems envisage(d) [read on] disclaimers. [read post]
23 Apr 2023, 6:33 am
It is well-accepted that in comparing the two marks, it is necessary to consider the marks visually and aurally. [read post]
13 Sep 2007, 10:00 pm
File 4 trade marks? [read post]
