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16 Mar 2009, 3:15 am
"Laches: Unique argued that Shelby was guilty of laches due to its delay in seeking to register the marks. [read post]
23 Jun 2009, 5:16 am
Sie ist denn auch eine eingetragene, geschützte Marke. (...) [read post]
15 Apr 2011, 2:41 am
Logan J has granted injunctions against International Hair Care UK’s use of AFFINAGE (and other trade marks) on its global website for (in effect) infringing International Hair Care Australia’s trade marks registered in Australia. [read post]
27 Sep 2007, 5:02 pm
Applying its standard Section 2(e)(3) test, the Board affirmed a refusal to register the mark PARIS BAGUETTE & Design (shown below) [BAGUETTE disclaimed], finding the mark to be primarily geographically deceptively misdescriptive of bread. [read post]
7 Dec 2011, 9:35 am
., the owners of Maker's Mark, believes so. [read post]
31 Oct 2008, 11:00 am
Applicant argued that its purported mark "is not the title of a single work and that the mark identifies a series of distinct creative works. [read post]
17 Jul 2014, 2:51 pm
Citing the VITAFRUIT decision (Case T-203/02), the Court said:When assessing whether use of the trade mark is genuine, regard must be had to all the facts and circumstances relevant to establishing whether the commercial exploitation of the mark is real, particularly whether such use is viewed as warranted in the economic sector concerned to maintain or create a share in the market for the products or services protected by the mark, the nature of those products or… [read post]
28 Jun 2018, 11:51 pm
Procedural historythe mark applied for by France.com Inc. [read post]
21 Oct 2011, 2:44 am
"Applicant's mark creates a markedly different visual appearance as compared to opposer's pleaded MILK marks. [read post]
30 Jan 2008, 1:59 am
The marks, when viewed in their entireties, are arbitrary. [read post]
20 May 2011, 3:21 am
Consequently, the burden of proof for distinctiveness was correspondingly heavier.The Board refused to allow Applicant to "tack on" the distinctiveness of its prior registration for the mark shown above, because the marks are not legally equivalent: the applied-for mark does not contain a design element, and the prior mark does not contain ".com. [read post]
15 Aug 2010, 5:50 am
As mentioned above, generic marks hardly ever receive legal protection from trademark and copyright courts.An arbitrary mark is often called a fanciful mark because it has absolutely no relation to the product with which it is associated. [read post]
28 May 2007, 4:35 am
When spoken, they are similar in sound.Moreover, "[t]he visual similarity of the marks is striking. [read post]
14 May 2012, 5:02 am
CIPO’s resistance to registering sound marks apparently arose because the wording of the trademarks act requires marks other than word marks to be filed as a drawing. [read post]
13 Nov 2006, 12:32 pm
JOHN HAWKINS interviews Mark Steyn. [read post]
15 May 2014, 5:47 am
As usual, Mark Stryker is all over it. [read post]
10 Feb 2012, 1:02 pm
Mark April 25th on your calendar. [read post]
23 Jul 2014, 9:47 am
Mark Levin (University of Hawaii at Mano... [read post]
12 Dec 2006, 5:05 am
[Mark Godsey]... [read post]
12 Mar 2008, 3:00 pm
Mark Ambinder has this new post.... [read post]
