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27 Apr 2016, 12:41 pm
Lyle Denniston covered the argument for this blog, while Mark Walsh has our “view” from the Court. [read post]
28 Apr 2021, 11:40 pm
As a result, the April 2010 filing was made in bad faith insofar as it covered goods and services already covered by the earlier marks, and the BoA annulled the trade mark for those goods. [read post]
18 Nov 2014, 3:02 pm
Here an OHIM Board of Appeal upheld in part a set of oppositions to registration as a CTM of the word mark DODIE and two figurative signs containing the word DODIE (one in blue, shown here, the other in black and white) on the basis that they would likely be confused with earlier Spanish and Portuguese registrations of the word mark DODOT for a range of toiletries and babycare products. [read post]
8 Aug 2023, 9:20 am
The judges concluded: Consequently, the contested mark consists of a sign unrelated to the appearance of the goods it covers and not of a sign which consists exclusively of the shape of those goods.Comment The reasoning and the result of this decision seem debatable. [read post]
16 Mar 2016, 7:46 pm
The opposition also cites several other existing trademarks for the term KYLIE that cover entertainment services and music recordings, as well as several other marks owned by Ms. [read post]
13 Aug 2009, 11:07 pm
It deemed this factor neutral, at best.Finally, the Board reached miscellaneous factor 13, which covers "any other established fact probative of the effect of use. [read post]
30 Apr 2021, 4:30 am
In this regard, the applicant submitted that it had developed the technique in question and that it uses the word ‘heartfulness’ to designate its goods and services.According to the General Court, the fact that the mark applied for was created by the applicant to designate a particular meditation or relaxation method could not mean that the mark should automatically benefit from registration as an EU trade mark. [read post]
15 Mar 2018, 3:49 am
Thirdly, the goods and services covered by the mark are not ‘communicative’ services. [read post]
5 Oct 2010, 11:45 am
This week marks the 70th anniversary of John Lennon’s birth, and we at Amnesty are excited to share with you a brand-new cover of the iconic Lennon song “How? [read post]
11 Oct 2017, 8:17 am
Making sense of trade mark conflict in the EUTM systemContinental Reifen Deutschland v Michelin Case C‑84/16 (CJEU) (July 2017)Covered in my earlier IPKat post here, this was the CJEU’s decision to uphold a finding that a figurative trade mark for the letter X could block an EUTM application for a figurative trade mark with the letters XKING for identical goods. [read post]
28 Aug 2019, 3:23 am
[Section 2(d) refusal of TEMPTEC for "Mattresses, mattress protector covers, pillows, and pillow protector covers" in view of the registered mark TEMPTEXX for "mattress topper"].In re DCD IDID Enterprise, LLC , Serial No. 87465751 (August 26, 2019) [not precedential] (Opinion by Judge Christopher Larkin). [read post]
10 Apr 2020, 7:24 am
Speakers from WIPO's green innovation and SME teams will cover the status of green technology innovation in Europe and beyond. [read post]
20 Jan 2015, 3:35 am
Winkelmann and Sandro Andy demonstrate, Section 44(e) and 66(a) registrations, particularly those that cover an excessive identification of goods and services, may also be vulnerable to cancellation on the ground that there was a lack of bona fide intent to use the mark on each and every good or service covered by the registrations.Read comments and post your comment here.TTABlog note: Again I thank The Trademark Reporter for granting permission to provide links to these… [read post]
22 Aug 2014, 3:13 am
In re Titan Music, Inc., Serial No. 77344197 (August 20, 2014) [not precedential].Applicant first submitted a webpage from the CDBABY.com website, offering for sale a music CD having the cover shown above. [read post]
21 Oct 2014, 5:03 am
The referring court rejected Hauck's appeal, but considered that the cross-appeal on the issue of registrability of the trade mark called for the interpretation of Article 3(1)(e) of the directive which, to date, has not been covered by the CJEU's case-law. [read post]
12 Mar 2014, 3:59 am
Delta did not argue that its winglets are not covered by the patent. [read post]
19 Jul 2018, 3:05 am
Michos submitted third-party websites advertising fruit-flavored beverages that include or serve as nutritional supplements, as well as third-party registrations covering both nutritional supplements and fruit-flavored beverages. [read post]
5 Dec 2017, 3:05 am
Opposer Alfwear submitted 23 use-based, third-party registrations for marks covering both bicycles and various clothing items. [read post]
1 Nov 2012, 3:23 am
For example, the IRON OUT registration covers "chemical compounds for use in removing foreign matter from water softeners," which can be classified as a "cleaning preparation. [read post]
25 Feb 2014, 4:58 pm
Remember how I said Lawfare would return tomorrow, to cover further proceedings in the commission case of United States v. [read post]
