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18 Mar 2011, 5:22 am by Brian Wm. Higgins
District Court for the Northern District of Illinois in early 2010, which alleged “mostly ‘upon information and belief,’ that: (1) BP knew or should have known that the patent expired; (2) BP is a sophisticated company and has experience applying for, obtaining, and litigating patents; and (3) BP marked the CASTROL products with the patent numbers for the purpose of deceiving the public and its competitors into believing that something contained or embodied in the products… [read post]
13 Jan 2016, 11:09 am by Ron Coleman
V Secret Catalogue, Inc., 537 U.S. 418, 433 (“[T]he mere fact that consumers mentally associate the junior user’s mark with a famous mark is not sufficient to establish actionable dilution. . . . [read post]
28 May 2007, 10:37 am
Rupture factor: negligible - though the cover is very smooth and can easily slip through your paws. [read post]
10 Jun 2024, 9:01 pm by News Desk
The Abu Dhabi Agriculture and Food Safety Authority (ADAFSA) undertook 103,000 inspections during 2023, covering all food establishments within the country. [read post]
28 Feb 2020, 3:20 am
Opposer also submitted more than 60 third-party registrations that purportedly covered phonograph records and audio equipment. [read post]
23 Jan 2014, 4:00 pm
The earlier registration covered ‘pastry products and preparations …; … round-shaped dough biscuits …” while the application covered ‘pastry and bakery products, specially doughnuts’. [read post]
16 Oct 2014, 12:35 pm by Evan Anderson
  If unassisted or ill-informed, a brand owner with a less than competent handle on trademark law can make decisions that later with have serious implications with respect to the registerability or enforceability of a trademark that while registered is still an extremely weak mark. [read post]
18 Jul 2019, 1:00 am
The mark scheme indicated that a claim relying on the functional feature that the cover-layer was configured to soften and flow (as opposed to an epoxy resin cover in particular) was not inventive. [read post]
24 Jun 2012, 2:19 pm by sandylaw
A covered expatriate may make an election to defer the payment of tax attributable to any property that is deemed sold under the mark-to-market rule. [read post]
8 May 2011, 7:29 am
The claimant, the well-known German manufacturer Volkswagen AG („VW“), is the proprietor of a device trade mark which depicts the VW logo in a circle and which covers, inter alia, “cars” and “car repair and maintenance”. [read post]
29 Apr 2024, 2:37 am by Eleonora Rosati
He tackled the topic of his talk by considering the current status quo, whether we're running out of trade marks, the relationship between trade mark protection and freedom of competition, and concerns around overprotection of trade marks. [read post]
29 Jan 2020, 6:30 am by James Nurton
The Court stated that “a lack of clarity and precision of the terms designating the goods or services covered by a trade mark registration cannot be considered contrary to public policy, within the meaning of those provisions” and that therefore the lack of clarity and precision in a specification is not a ground for invalidity: “a Community trade mark or a national trade mark cannot be declared wholly or partially invalid on the ground that… [read post]
30 Jul 2020, 1:32 pm by Nedim Malovic
The relevant public is that based across the EU territory.Comparison of the signsFollowing a comparison of the visual, aural, and conceptual similarities between the signs, the Board concluded that the signs are similar overall, at least to an average degree.Reputation of the earlier markReputation implies a knowledge threshold that is reached only when the earlier mark is known by a significant part of the relevant public for the goods or services it covers. [read post]
29 May 2012, 2:13 am by John L. Welch
Although the "golden era of fraud" at the TTAB ended in August 2009 with the CAFC's Bose decision, the brouhaha over fraud did bring to the forefront what some believe to be a serious problem: the existence of use-based registrations covering goods or services for which the mark has not been, or is no longer being, used. [read post]
19 Apr 2017, 4:57 am
However, this data did not cover all of the 15 Member States covered by the EUTM (at the relevant time of the application, there were only 15 Member States in the EU). [read post]