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19 May 2021, 3:16 am
" The Board noted that it must resolve any reasonable doubt in favor of the applicant "on the theory that any person who believes that he would be damaged by the registration will have an opportunity ... to oppose the registration of the mark and to present evidence, usually not present in the ex parte application, to that effect. [read post]
18 Dec 2018, 3:16 am
Applicant argued that the co-existence of these two marks on the register shows that the USPTO has previously found that the registration of MARK for jewelry can co-exist with the registration of MARC.The Board, however, pointed out once again that in ex parte prosecution of a particular application, neither the examining attorney nor the Board is bound by the decision of other examining attorneys made in other applications. [read post]
30 Apr 2016, 10:42 am
I suppose we can think of this as "ex ante" versus "ex post" regulation of patents. [read post]
15 Sep 2016, 4:05 pm
We have seen applications for ex parte orders, but she is still unaware of any orders that have been granted. [read post]
8 Dec 2023, 3:21 am
Moreover, "[i]n the ex parte context, the Office does not and cannot question the validity of a mark in a registration cited against another under Section 2(d). [read post]
1 Apr 2016, 7:04 am
(Ex parte Palmer, No. 2014-002277 (P.T.A.B. [read post]
24 Feb 2014, 7:51 pm
However, in ex parte examination with the USPTO the determination of likelihood of confusion commonly focuses on the marks in their entireties with regards to visual similarities, sounds, connotations, and commercial impressions. [read post]
17 Jul 2011, 8:34 am
" Details: Ex parte Cucerzan Appeal 2009008190; Appl. [read post]
14 Dec 2013, 8:54 pm
It seems to us that there is no good reason, as a default matter, to distinguish copying one part of an electronic document (i.e., the part that is visible when printed) from copying other parts (i.e., parts not immediately visible) when both parts are re- quested. [read post]
21 Mar 2014, 4:54 am
Ex-parte proceedings will be much more rapid.Interim injunctions are obtained against the alleged infringer, but may also extend to intermediaries whose services are used by the alleged infringer and could include the persons involved in shipping or storing goods; internet service providers or e-commerce platforms. [read post]
14 Mar 2024, 9:43 am
However, the rules of procedure (rule 194.5) provide that the applicant may withdraw his application without the defendant being informed if the ex-parte application is unsuccessful. [read post]
11 Nov 2015, 4:49 am
What you will recall from R v R if you read it at the time was the stern judicial reminder that the question on an ex parte (without notice) application was not “Why not? [read post]
13 Dec 2017, 2:27 pm
But if we have no rush to get younger judges, then perhaps it's a fairly harmless criterion.Additionally, the committee makes other kinds of ex ante determinations about what makes a good judge, like "substantial courtroom and trial experience as a lawyer or trial judge is important. [read post]
6 May 2013, 9:43 pm
Both points were good and the Division Bench has done a miserable job of evaluating them on merits but it is strange that Micromax did not make the most obvious argument and that is the lack of ‘urgency’, which is an essential pre-requisite for the grant of an ex-parte order. [read post]
13 Oct 2020, 3:51 am
" The goods in the prior registration were identical with those of the new application. [read post]
2 Nov 2010, 5:46 pm
Sebelius, 13 No. 9 Westlaw Journal Nursing Home 7, Westlaw Journal Nursing Home October 22, 2010An industry group representing physician-owned hospitals has asked a federal judge to allow it to proceed with a lawsuit seeking to block part of the new health care reform law that limits the growth and construction of new doctor- owned facilities. [read post]
28 Feb 2015, 4:49 pm
Ex parte Carty, No. [read post]
23 Apr 2006, 11:14 am
If we focus on the "harm," and not on the technology, we stand a better chance of adopting laws that will have a more general applicability. [read post]
28 Dec 2020, 11:08 pm
But we will conclude this post summarising the concluding observations in Vidya Drolia on this question:Judicial review and court's jurisdiction u/ss 8 and 11 are identical but extremely limited [Para 96(b)]Patel Engineering is no more good law in view of the 2015 and 2019 amendments to the 1996 Act. [96(a)]By virtue of separability and competence principles, arbitral tribunal is the "preferred first authority" to decide all aspects of non-arbitrability and… [read post]
15 Jan 2013, 4:24 am
Cook's assertion of no actual confusion despite contemporaneous use of the marks for more than 18 years was entitled to little weight in this ex parte context, where the registrant has no opportunity to be heard. [read post]
