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16 Sep 2015, 3:20 am
It is "in consequence of such use, [that] the relevant class of persons actually perceive the goods or services, designated exclusively by the mark applied for, as originating from a given undertaking" (para 64).It follows that "the fundamental condition is that, as a consequence of that use, the sign for which registration as a trade mark is sought may serve to identify, in the minds of the relevant class of persons, the goods to which it relates as… [read post]
12 Jul 2016, 11:39 am
May a colour mark encompass more than one form, i.e. can there be variants without contravening Article 4 of the TMR. [read post]
30 Mar 2010, 7:01 am
I have just read the speech given by outgoing President of the Family Division Sir Mark Potter at the Annual Seminar of District Judges (PDF). [read post]
24 Jan 2018, 10:01 am
You may have seen some of the 007 movies, including: Dr. [read post]
31 Jul 2024, 2:07 am
It is also a reminder that just because you may be able to use a sign, this does not mean that you can automatically register it. [read post]
28 Jan 2020, 5:41 am
It therefore serves as a good example of how protection can be sought for (virtually) the same mark in various ways, yet still fail to do so (due to a lack of distinctiveness or a lack of originality).As a side note, this case may also be seen to contribute to wider questions raised around the effectiveness of the EU court system. [read post]
31 Mar 2015, 7:50 am
The prior artThe Albanian Customs detained the epilators marked “Brown” on October 27, 2014. [read post]
26 Feb 2016, 6:44 am
Plaintiffs’ evidence is sufficient for a reasonable jury to conclude that 'the public may be better notified with marking on the packaging, as opposed to [on] the article itself.'" Denneroll Holdings Pty Limited et al v. [read post]
7 Jun 2024, 12:34 pm
Los Angeles Police Detective Mark Fuhrman shows the jury in the O.J. [read post]
25 May 2016, 4:05 am
In re Minegar, Serial No. 86179013 (May 23, 2016) [not precedential].Because the services overlap, the Board must presume, "at least with respect to the overlapping services, that the channels of trade and classes of purchasers are the same. [read post]
28 Sep 2019, 12:00 am
In this case it could be stated that an abstract analysis, based only on the registration, may allow protecting a trade mark that has never been used and which has been revoked. [read post]
4 May 2011, 11:52 am
MEET THE BLOGGERS I, San Diego, May 2005Click on photo for larger picture [read post]
29 Dec 2023, 9:45 am
The rise of self-censorship among journalists facing increased risks may also explain reduced exposure to physical threats. [read post]
31 Dec 2020, 10:20 am
Also, the faith of three-dimensional marks appears rather unfortunate and may provide for significant hurdles for trade mark holders to overcome. [read post]
1 Feb 2022, 4:05 am
Moreover, even sophisticated consumers may see the involved marks "as variations of each other, pointing to a single source. [read post]
11 Oct 2017, 7:26 pm
Should the facts of this matter reveal that the apartment complex owner failed to provide adequate security to protect those on its premises, the family of Mark Antonio Gibbs may seek justice and elect to pursue legal claims for his wrongful death. [read post]
16 Apr 2019, 1:49 pm
Patent and Trademark Office (USPTO) may therefore be left with room to try again, seeking a narrower and more predictable approach to limiting the federal registration of dirty words as trademarks (especially given the Court’s main practical concern of the loss of civility represented by the proliferation of such marks). [read post]
3 Feb 2011, 1:02 am
The book may also be of interest to foreign trade mark professionals that have UK connections.Bibliographic information: publication date 2010, 4th edition, 464 pages, paperback, ISBN 978-0-19-957968-6, Oxford University Press. [read post]
10 Jan 2012, 3:30 pm
Brigadier General Mark Martins is, at this hour, giving the following address to the New York City Bar Association: Remarks of Brigadier General Mark Martins Chief Prosecutor, Military Commissions To the New York City Bar Association Tuesday, January 10, 2011 “Legitimacy and Comparative Law in Reformed Military Commissions” Good evening, and thank you, Jim, for that generous introduction and for the warm hospitality you have shown Kate and me and our… [read post]
20 Jan 2023, 7:46 am
However, if the trade mark has been registered for an extended period of time, it may be difficult for the invalidity applicant to find sufficient evidence showing that the trade mark was perceived as a non-distinctive term on the filing date. [read post]
