Search for: "Matter of Mark T."
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3 Oct 2014, 1:30 pm
Since disclaimers often don’t work, especially when they’re about matters that are immaterial to most consumers, I’d suggest it doesn’t make sense to make protection from trademark claims based on copying an expressive work or functional item turn on whether or not there was some sort of disclaimer.)So, in Dastar and Traffix, for example, the Court cautioned against “misuse or over-extension” of trademark and related protections… [read post]
25 Mar 2011, 1:13 am
In its view, the mark applied for and each of the earlier marks were sufficiently dissimilar to exclude any likelihood of confusion on the part of the relevant public -- no matter how similar the goods concerned were and despite the fact that the distinctiveness of the earlier trade marks was higher than average. [read post]
22 Jan 2017, 3:08 am
He realizes that the subject-matter of the development of print is much less diffuse than seeking to explain how commercial marks came into popular use. [read post]
4 Jul 2012, 5:01 pm
G 2/04 [3.2.5], and T 1178/04 [27, 31, 34]). [read post]
8 May 2024, 7:19 am
(p. 21).Disclaimed matter that is descriptive of a party’s goods is typically less significant or less dominant when comparing marks. [read post]
8 Mar 2019, 3:36 am
[The TTABlog t-shirt is coming soon].Text Copyright John L. [read post]
8 Oct 2015, 9:48 am
The complex approach cannot be scaled, it can’t be audited, it can’t identify errors before they occur. [read post]
28 Jun 2021, 11:50 pm
The assessment of likelihood of confusion among descriptive marks often causes puzzling decisions, especially when the analysis focuses on whether consumers understand the descriptive character of certain terms, and when different consequences are attached to whether or not such understanding (or lack thereof) matters at all. [read post]
19 Jan 2023, 4:52 am
Particularly, she considered Decision no.37697 of the Italian Supreme Court in relation to the slogan “LA TUA PELLE MERITA DI ESSERE TRATTATA BENE” (“Your skin deserves to be treated well”).PatentsAnother case of catastrophic comma loss (T 1473/19): Interpreting the claims in view of the descriptionRose Hughes, the PatKat, considered the outcome of the recent decision of the EPO Board of Appeal (T 1473/19) in light of the question: Do missing commas add… [read post]
8 Mar 2019, 5:21 am
---Mark Astarita represents financial professionals in their employment, regulation and compliance matters and has done so for over 30 years. [read post]
1 Oct 2018, 4:13 pm
Mark Bunting, is a member of Communications Chambers. [read post]
31 Dec 2014, 6:27 am
It’s always the totality of facts that matters. [read post]
20 Jun 2023, 11:10 am
But when a case involves mountains of digital evidence, finding that story isn’t always easy or economical. [read post]
20 Apr 2012, 10:04 am
” The USPTO Examining Attorney concluded that the mark LMFAO constituted “immoral and scandalous matter” that was unregistrable under the Trademark Act, 15 U.S.C. [read post]
12 Sep 2023, 12:34 am
Former Trump Chief of Staff Mark Meadows has lost his motion to move the Georgia state criminal case against him to federal court. [read post]
20 Mar 2019, 12:32 pm
Second, the registration didn’t cover the “bare” word mark, which matters because “comphy” is a mere misspelling of the descriptive-for-linens term “comfy. [read post]
21 Aug 2009, 3:05 am
It's a simple technique, and you don't need to use it every time you want to say something, but if you want to build some real trust and effective communication in your workplace (or your home, for that matter), then build a reputation as someone who listens - to everyone.Oprah does it, and it seems to be working out pretty well for her, don't you think? [read post]
30 Jul 2020, 9:17 am
The "materiality" limitation to the deceptiveness bar means, as a general matter, that marks can, at least with secondary meaning, be registered so long as consumers don't care all that much. [read post]
2 Jan 2014, 6:13 am
Of course the plaintiff’s mark wasn’t famous. [read post]
29 Dec 2014, 12:45 am
Wouldn't it be lovely, she thinks, if the time-scale for what are, after all, often commercially crucial matters to be settled could be condensed into a far shorter period? [read post]
