Search for: "Mark C. Good"
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5 Aug 2008, 4:13 pm
An objection under Section 3(1)(c) cannot therefore be overcome by a limitation to exclude goods originating from the place whose name they carry. [read post]
27 Jun 2017, 1:17 pm
In the absence of explicit agreement identification occurs(a) when the contract is made if it is for the sale of goods already existing and identified;(b) if the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers;(c) when the crops are planted or otherwise become growing crops or the young are… [read post]
5 Feb 2024, 9:11 am
An infringement of Art. 9(2)(c) EUTMR (‘trade mark with a reputation’) exists if the conditions of the provision are fulfilled. [read post]
23 May 2023, 8:42 am
Id. at 1207.04(c). [read post]
13 Aug 2018, 3:59 am
In re Legion of Good Will aka LGW, Serial No. 87164803 (August 10, 2018) [not precedential] (Opinion by Judge George C. [read post]
11 Mar 2014, 2:06 am
It serves to identify the goods or services covered by the mark as originating from a particular undertaking, and thus to distinguish those goods or services from those of other undertakings …. [read post]
17 Oct 2016, 3:06 am
Allstate Insurance Company, Opposition No. 91226028 (parent)and Opposition No. 91226029 (September 23, 2016) [precedential].Family of Marks/Unit of Control: Relying on the Wella decisions, opposers maintained that the family of marks doctrine requires only that the shared characteristic of the marks be recognized as indicative of a common origin of the goods or services, and that the common origin need not be a single entity. [read post]
26 May 2023, 10:04 am
Marks and Peter Prieto of Podhurst Orseck. appeared first on Podhurst. [read post]
9 Apr 2016, 2:55 am
Two years later, Rude Health Foods Ltd applied for invalidation of this mark based on Article 7(1)(b) and 7(1)(c) of the Community Trade Mark Regulation (CTMR), alleging that the mark was devoid of distinctive character and descriptive (judgment available here).Grammar cat agrees with the Cancellation DivisionIn assessing descriptiveness under Article 7(1)(c),it was accepted that ‘Corn’ was descriptive of the goods, being… [read post]
22 May 2018, 1:18 am
The Applicant's witness statements also indicated a clear belief in the entitlement to use the mark in Canada.The Board then moved onto matters relating to section 12 of the Act, which prohibits the registration of mark if it, among other things, contains the name of the goods or services or that it clearly is descriptive of the quality of the goods or services relating to the mark.The first ground under section 12(1)(c) for containing the name of… [read post]
22 May 2018, 1:18 am
The Applicant's witness statements also indicated a clear belief in the entitlement to use the mark in Canada.The Board then moved onto matters relating to section 12 of the Act, which prohibits the registration of mark if it, among other things, contains the name of the goods or services or that it clearly is descriptive of the quality of the goods or services relating to the mark.The first ground under section 12(1)(c) for containing the name of… [read post]
19 Mar 2015, 10:49 am
In the light of the German case-law, the word combination was descriptive of the goods and services for which protection was sought, said the Court, while 'BGW' had an independent distinctive role within the composite mark, applying the CJEU's reasoning in Case C-120/04 Medion.However, said the Court, according to the Strigl and Securvita references (Joined Cases C-90/11 and C-91/11), BGW would be… [read post]
18 Jan 2007, 6:33 am
Advocate General Sharpston's Opinion in Céline is now available. [read post]
30 Aug 2015, 2:33 am
The CJEU’s decision in Colloseum v Levi Strauss (Case C-12/12) provides a good example for such a case. [read post]
22 Mar 2017, 1:20 pm
Malaysia); (b) there was a loss in the sales of the claimant’s goods; (c) the claimant was restricted from expanding the use of its mark to goods in other classes; or (d) the claimant was exposed to the risk of incurring legal liability from traders and consumers who had purchased the inferior goods of the defendant in the mistaken belief that they had acquired the claimant’s goods. [read post]
30 Jan 2024, 12:45 pm
This year marks the 50th anniversary of practicing law for one of Broussard, David & Moroux’s founding partners, Richard C. [read post]
11 May 2018, 1:24 am
Evid. 801(c) and 803; Safer, Inc. v. [read post]
26 Mar 2020, 2:00 pm
First, it is unlawful to traffic in goods or services with knowledge that those goods or services bear a counterfeit mark. [read post]
16 May 2022, 12:10 am
The court emphasized that only the reputation of the earlier mark (i.e. that of Ffauf Italia) is relevant in examination.As noted, Inditex has now appealed to the Court of Justice (C-65/22 P). [read post]
8 Jul 2020, 8:05 am
Unlike Section 2(a), Section 2(c) applies regardless of whether there is a suggested connection between the individual and the goods. [read post]
