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6 Jan 2010, 7:33 pm
The two elements of a § 292 false marking claim are (1) marking an unpatented article and (2) intent to deceive the public. [read post]
27 Apr 2012, 2:40 am
Some of the text included in the mark also appears in the description of the product, thereby connecting the goods to the mark. [read post]
16 May 2016, 1:30 am
She concluded that "...the use of a sign which is invisible to the consumer is [not] use as a trade mark within the meaning of the Trade Marks Act".Judge Katzmann then moved onto discussing the marks' use in the sponsored links that appear at the top of results when a keyword or words are searched. [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]
9 Dec 2022, 6:18 am
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]
3 Oct 2022, 3:44 am
Who Owned the Mark? [read post]
29 Nov 2023, 12:44 pm
Amaury Sport Organisation (ASO) holds a licence for this trade mark. [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]
28 May 2013, 1:45 am
Your M & S -- but our INTERFLORA marks,said Interflora. [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]
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]
27 Oct 2023, 7:20 am
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]
10 Jun 2021, 12:25 pm
Chanel restated the claims made in connection with the first ground regarding the degrees of similarity between the marks. [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]
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]
16 Sep 2018, 1:41 am
The KitKat trade mark (as reported in the CJEU decision- the photocopier has not been kind)By now, the fate of the four fingered KitKat shape mark is old news - Joined Cases C‑84/17 P, C‑85/17 P and C‑95/17 P Rumours of the mark’s death have been greatly exaggerated - it is now for the EUIPO to reconsider the evidence in light of the CJEU's ruling and reach a decision as to whether or not the mark is valid.Whilst the press… [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]
6 Jul 2021, 3:43 am
Does that mean that Meenaxi owns these two marks in this country? [read post]
27 Aug 2018, 3:11 pm
It was stated that the mark is a two-dimensional figurative mark that consists of a red coloured surface. [read post]
21 Aug 2019, 11:30 am
Are foreign applications for US trade marks under increasing scrutiny? [read post]
