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29 Aug 2019, 10:00 am by Josh H. Escovedo
You can either use the mark in commerce and provide proof of the use, or you can swear under penalty of perjury an intent to use the mark in commerce within a designated period of time. [read post]
17 Jun 2008, 11:00 am
Also, applicant's circuit board design is not sufficient to distinguish the marks because the black background dominates applicant's mark. [read post]
29 Feb 2016, 4:45 am by Rechtsanwalt Martin Steiger
Die Marke ist in verschiedenen Grüntönen gehalten. [read post]
7 Jul 2009, 7:09 am
It may be going too far to describe it as zen-like but it is certainly a clever little trade mark! [read post]
8 Nov 2010, 3:30 am by John L. Welch
" The specimen must show a direct association between the mark and the services.Here, the applied-for mark appears in the text of a fact sheet or brochure. [read post]
17 Jul 2015, 7:24 am
However TOP Logistics, in providing a warehouse service for goods bearing another’s trade mark, did not 'use a sign identical to that trade mark for goods or services identical or similar to those in respect of which the mark is registered'.* Accordingly, Article 5 must be interpreted as meaning that the proprietor of a trade mark registered in one or more Member States may oppose a third party placing goods bearing that trade mark under… [read post]
23 Jan 2017, 3:14 am
Treating the mark like a product configuration mark, the Board applied the ever-popular four-part test of Morton-Norwich. [read post]
27 Jun 2013, 8:26 am
Article 4(4)(g) of Directive 2008/95 must be interpreted as meaning that it does not allow Member States to introduce a system of specific protection of foreign marks which differs from the system established by that provision and which is based on the fact that the person making the application for registration of a mark knew or should have known of a foreign mark". [read post]
9 Dec 2022, 6:18 am by Eleonora Rosati
Nevertheless, such rules must be interpreted in the light of EU trade mark legislation, which does not set forth any rules on the exercise of the rights relating to joint ownership of a trade mark. [read post]
27 Oct 2023, 7:20 am by Alessandro Cerri
In a recent decision (R 872/2023-4), which is reassuring for rightsholders in 2D and 3D figurative marks, the Fourth Board of Appeal (the Board) of the European Union Intellectual Property Office (EUIPO) found that the figurative mark consisting of an image of a gummy bear met the minimum degree of distinctive character required for it to be protected as a trade mark in the EU.BackgroundRigo Trading S.A. [read post]
27 Aug 2018, 3:11 pm by Afro Leo
  It was stated that the mark is a two-dimensional figurative mark that consists of a red coloured surface. [read post]
6 Feb 2014, 7:09 am
Red Bull's attempt to invoke trade mark law to stop de Vries ran into difficulty, ostensibly because de Vries was actually using his own trade mark: on 14 July 1983 he had filed a word and image mark 'The Bulldog' for goods in Class 32 (alcohol-free drinks). [read post]
4 Mar 2016, 2:44 am
First, the trade mark owner can still bring proceedings against operators of websites that infringe the rights connected with its trade mark, being them the sole "users" of that trade mark under EU Law after the original advertiser withdrew his consent by seeking the removal thereof. [read post]
19 Aug 2015, 3:22 am
The dominant portion of the applied-for mark is BUD, and therefore the mark WINEBUD and BUD are "highly similar. [read post]
10 Jun 2021, 12:25 pm by Verónica Rodríguez Arguijo
Chanel restated the claims made in connection with the first ground regarding the degrees of similarity between the marks. [read post]
5 Aug 2015, 9:10 am
  If this is done, control stays within the family as long as the mark is retained and the mark is used. [read post]