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29 Dec 2014, 12:45 am
The notion of post-dated evidence in IP proceedings is not confined to trade mark law. [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]
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]
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]
4 Aug 2023, 11:03 am
It is for the proprietor of the reputed mark to demonstrate this. [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]
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]
9 Jan 2021, 5:22 am
Trade mark holders: beware! [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]
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]
23 Jun 2020, 11:58 pm
Vice versa, Hong Kong or Chinese trade mark owners will also be able to apply for their trade marks in Hong Kong and designate other member countries in which to have their marks registered. [read post]
23 Jun 2020, 11:58 pm
Vice versa, Hong Kong or Chinese trade mark owners will also be able to apply for their trade marks in Hong Kong and designate other member countries in which to have their marks registered. [read post]
8 Mar 2009, 3:00 am
., filed an application for registration of the mark YOGIBERRY in the U.S. [read post]
5 Dec 2008, 11:50 pm
‘impulse' vs. careful, sophisticated purchasing. (5) The fame of the prior mark (sales, advertising, length of use). (6) The number and nature of similar marks in use on similar goods. (7) The nature and extent of any actual confusion. (8) The length of time during and conditions under which there has been concurrent use without evidence of actual confusion. (9) The variety of goods on which a mark is or is not used (house… [read post]
12 May 2010, 2:22 am
Here the mark AQ was simply too different from the cited mark PARADISE MAKEUP AQ, both for cosmetic/makeup items, to support the Section 2(d) refusal. [read post]
23 Dec 2010, 6:18 am
Mark looks like a sane choice. [read post]
31 Jan 2022, 6:48 am
The court, affirming in a nonprecedential decision the cancellation of the registration for the BF-7 mark, found that substantial evidence supported the Board’s finding that another Korean company, and not the trademark holder, actually used the mark in commerce (Sunbio Corp. v.Biogrand Co., Ltd., December 14, 2021, Stoll, K.). [read post]
19 Feb 2008, 2:00 pm
The trial of Mark Jensen in State of Wisconsin -v- Mark D. [read post]
28 Jan 2011, 10:12 am
The Registrar had refused registration of this mark on the basis that it was clearly descriptive of the character of the claimed services, contrary to S. 12(1)(b) of the Trade-marks Act. [read post]
