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11 Dec 2014, 2:54 am
"(4) A trade mark shall not be registered if, or to the extent that, its use in the United Kingdom is liable to be prevented— (a) by virtue of any rule of law (in particular, the law of passing off) protecting an unregistered trade mark or other sign used in the course of trade, or … A person thus entitled to prevent the use of a trade mark is referred to in this Act as the proprietor of an 'earlier right' in relation to the trade mark.… [read post]
29 Feb 2016, 6:47 am
The addition of each party's house mark to these virtually identical marks used on identical goods does not necessarily eliminate confusion. [read post]
15 Jan 2019, 3:15 am
The Board concluded, not surprisingly, that both the applied-for mark and the cited mark are dominated by the word LAROQUE. [read post]
12 Jun 2013, 7:15 am
Section 29(6) gives an indicative list of circumstances of deemed use of mark; namely: affixing of the registered mark on goods or packaging;offer to sale or stock goods under the registered mark or offer or supply services under the registered mark;imports or exports goods under the registered mark; use the registered trade mark on business papers or in advertising.These circumstances suggest an ‘active’ use of the… [read post]
31 May 2024, 12:02 pm
The Opposition was based on Article 8(1)(b) of the EU Trade Mark Regulation 2017/1001 (EUTMR), namely that that the mark applied for shall not be registered if it is identical or similar to an earlier trade mark registered in respect of identical/similar goods and services, and there exists a likelihood of confusion. [read post]
3 Apr 2017, 7:22 am
” PLM argued that, through tacking, the priority date of PLM’s LA INDITA MICHOACANA mark should be advanced to the date that PLM first used any Indian Girl mark. [read post]
3 Mar 2015, 5:15 pm
Rather, the mark must be actually used in conjunction with the services described in the applica- tion for the mark. [read post]
15 Aug 2023, 8:22 am
Affixing SPAR’s trade mark was not considered sufficient to exclude a link between Jägermeister’s well-known trade marks and the contested trade dress for two reasons: First, SPAR’s trade mark is not a dominant element. [read post]
2 Mar 2011, 10:13 pm
The mark has been used for over 30 years. [read post]
2 Dec 2014, 6:51 pm
That's true when what is sought to be registered is a word mark, not a design mark with a particular color. [read post]
14 Apr 2014, 3:10 am
Toro argued that its own mark PRECISION is suggestive, but that Hunter's mark is merely descriptive. [read post]
27 Aug 2015, 3:34 am
The USPTO refused registration of the mark PURPLE HAZE for "electronic sound pickup for guitars and basses," finding the mark likely to cause confusion with the registered mark HAZE for "sound amplifiers. [read post]
8 Dec 2014, 6:51 am
He ran through the salient registration criteria of Community trade marks and designs and added that no mark would be refused on the basis that it was already registered as a design. [read post]
22 Apr 2025, 7:49 am
" Lipman next argued that substantial evidence did not support the Board’s finding that the proposed mark and the cited mark impart similar commercial impressions. [read post]
5 Oct 2023, 4:11 am
The Board concluded that applicant’s KIST marks are not likely to cause confusion with Opposer’s SUNKIST marks. [read post]
14 May 2020, 1:32 am
Introduction of new forms of trademarksIn line with the Directive, the Law introduces all the new forms of trademarks provided in the Directive, such as hologram marks, motion marks, multimedia marks and pattern marks, abolishing at the same time the requirement of graphic representation. [read post]
9 May 2019, 2:06 am
The proposed mark therefore misdescribes the identified goods. [read post]
19 Sep 2018, 4:57 am
The involved marks have been in concurrent use since 2013. [read post]
10 Aug 2017, 3:19 am
Those two cases involved oppositions to marks that were not identical to the opposers' marks. [read post]
29 Mar 2021, 3:48 am
With respect to the factor of similarity between the two marks, the Court considers the context in which the marks are used.In this civil action, Plaintriff LFI relies in part on Defendant's use of its "Lexington" mark on its social media and its website, in advertisements and on product, but none of these uses were considered by the TTAB. [read post]
