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20 Dec 2012, 12:18 pm
“[n]o trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it[] (a) [c]onsists of or comprises immoral, deceptive, or scandalous matter. [read post]
11 Jul 2014, 1:56 am
In September 2011 Netto applied to the German Patent and Trade Mark Office ('DPMA') to register the attractive little mark on the left as a trade mark for goods and services in Classes 18, 25, 35 and 36 of the Nice Agreement. [read post]
6 Feb 2012, 2:20 pm
And, for good measure, the examiner refuses registration based on 2(a) (false connection) and 2(c) (name of a particular individual), both of which can be overcome by disclosing the connection between BGK Trademark Holdings, LLC and Blue Ivy Carter and providing the required consents. [read post]
23 Apr 2015, 4:45 am
It asserted that LV's patterns could not be registered as trade marks since they were descriptive and lacked distinctive character (Article 7(1)(b)(c)), were customary in the bona fine and established practice of trade (Article 7(1)(d)), consisted exclusively of a shape giving substantial value to the goods (Article 7(1)(e)(iii) and were contrary to public policy or to the accepted principles of morality. [read post]
31 Mar 2017, 9:08 am
So too for rights in limping marks in the first place: association with a particular producer is not enough, it must be association that consumers use to identify the goods and services they wish to buy or avoid.Sarah Burstein: Agree re: mutilation/phantom marks: separate commercial impression required for just a part. [read post]
26 Apr 2007, 9:28 am
The two big trade mark decisions of the European Court of Justice today have been a little overshadowed by the festivities for World Intellectual Property Day, but the IPKat took just enough time off from his ecstatic celebrations to check the Curia website and see what the ECJ had in store for him.Right: objection to the repackaging of pharma products has led to some grey goods traders taking extreme measures to avoid trade mark infringment litigationCase… [read post]
Landmark Polish Supreme Court ruling on EU trade mark: acquiescence vs national rules of limitation?
1 Jul 2021, 8:44 am
Anheuser-Busch observed that the legislature opted in favour of limitation as a result of acquiescence and, no doubt intentionally, against prescription (see Case C-482/09, para. 76). [read post]
12 Sep 2012, 4:30 am
Thus a mark which is similar to a mark already registered or used for similar goods will not be allowed registration. [read post]
7 Aug 2018, 3:29 am
Goodman).Examining Attorney Patrick Shanahan pointed to applicant's own website, where applicant described its goods as "[c]onsisting of 88% embedded copper nylon and 12% spandex. [read post]
6 May 2022, 3:26 am
The USPTO refused to register the proposed mark AUBURN for "Plumbing products, namely, faucets," finding the mark to be deceptively misdescriptive of the goods under Section 2(e)(1). [read post]
17 Apr 2023, 4:25 am
" The Board found his proposed marks to be confusingly similar to the opposers' previously used marks for overlapping goods, and so it sustained the opposition on the Section 2(d) ground, declining to reach the opposers' Section 2(a) false connection and Section 43(c) dilution claims. [read post]
11 Jul 2012, 12:22 pm
Lending to an ESOP company can hit the mark coming (good times) and going (tough times): a one-two combination. [read post]
8 Dec 2007, 1:41 pm
There is no such thing as marked improvement, it is simply a transaction with Weis. [read post]
26 Jan 2017, 1:30 am
Simba Toys challenged the mark in 2006, and ultimately alleged an infringement of Article 7(1)(a) to (c) and (e) of the old Community Trade Mark Regulation (No 40/94), which set out the absolute grounds of refusal for trademark applications. [read post]
19 Apr 2017, 4:57 am
It was mentioned by the speaker primarily as an example of how trade marks can affect the free movement of goods/services within the Community. [read post]
22 Oct 2020, 4:01 am
The Board first observed that "the geographical significance of the mark is to be assessed as it is used on or in connection with the goods [or services]. [read post]
5 Jan 2022, 4:20 am
The TTAB dismissed the Olympic Committee’s opposition to registration of the mark PIERRE DE COUBERTIN for various goods in classes 3, 9, 14, 18, 25, and 28, including perfume, sunglasses, jewelry, luggage, clothing, and sporting goods. [read post]
20 Apr 2011, 3:47 am
"Comparing the two marks, we find that both are arbitrary marks beginning with an unusual “TVAR” or “TOVAR. [read post]
12 Aug 2011, 8:41 am
The Panel therefore finds that Respondent’s use of the disputed domain name is neither a Policy ¶ 4(c)(i) bona fide offering of goods or services nor a Policy ¶ 4(c)(iii) legitimate noncommercial or fair use. [read post]
25 Aug 2015, 9:35 am
This post features Case C-400/14 P Basic AG Lebensmittelhandel v OHIM), Repsol YPF SA intervening, a Court of Justice of the European Union (Sixth Chamber) decision dating back to 16 July. [read post]
