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3 May 2021, 11:50 am by Julie L. Spieker
If the goods were promoted by word of mouth or without an image, the reasonable consumer would believe that the goods, promoted under the CLEAR mark, would feature transparent attributes. [read post]
30 Apr 2021, 1:31 pm by Andrew Hamm
Savannah College of Art and Design Inc. 20-1391Issues: (1) Whether the scope of a federally-registered service mark extends to unrelated goods bearing that service mark; and (2) whether the defendant’s copying of a mark, without proof of consumer confusion as to the source of the parties’ goods or services, establishes trademark infringement merely because consumers recognize the mark. [read post]
30 Apr 2021, 4:30 am by Nedim Malovic
The mark was therefore considered descriptive pursuant to Article 7(1)(c) of Regulation 2017/1001 (the EU trade mark regulation (EUTMR)).The decision is interesting since it exposes the difficulties in registering terms that, whilst fanciful, are perceived as being associated with meditation practices. [read post]
28 Apr 2021, 11:40 pm by Léon Dijkman
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]
28 Apr 2021, 11:49 am by Sachin Gadh
Wet areas — Operating electrical equipment near a wet area is never a good idea. [read post]
27 Apr 2021, 6:09 am by Neil Wilkof
Merken BV v Hagelkruis Beheer BV, Case C-149/11 indicates the use needed to support an EU registration, as follows:a) Territorial scope of use is one of the relevant factors;b) It cannot be ruled out that use in a single member state can support an EU registration;c) Use needs to be sufficient or create or maintain a market share;d) No de minimus level of use can be defined.Other factors to consider include the scale and frequency of use, the nature of use, and the nature of the… [read post]
27 Apr 2021, 5:27 am by Aron Laszlo (Oppenheim Legal)
(Picture (c) Fortepan/Főfotó)[The decision is not final yet. [read post]
26 Apr 2021, 7:52 am by Nedim Malovic
Accordingly, a low degree of similarity between those goods or services may be offset by a high degree of similarity between the marks, and vice versa (Canon (C-39/97)).The General Court considered that the goods in question were identical, the marks at issue had an average degree of visual and phonetic similarity and the opponent’s mark had an average degree of distinctiveness. [read post]
If we think about the NEUSCHWANSTEIN case (C-488/16), the answer is: yes, it can be registered, provided there is no connection between the designated goods/services  and the famous place. [read post]
25 Apr 2021, 9:00 pm by Shannon O'Hare
Trademark law differs from copyright law because trademark protection applies to the use of a mark in the course of business to identify the source or sponsorship of goods and/or services, while copyright protection applies to works of authorship fixed in any tangible medium of expression (as noted above), regardless of whether the uses of such works identify the source of goods/services. [read post]
21 Apr 2021, 3:39 am
" The applicant argued that the goods and services are directed to different audiences through different channels of trade.]In re Michelle Mora, Serial No. 88704761 (April 15, 2021) [not precedential] (Opinion by Judge Cynthia C. [read post]
20 Apr 2021, 3:55 am
The Board noted that Section 7(c) requires a showing of "good cause" for an amendment to a registration. [read post]
15 Apr 2021, 4:00 am by Administrator
  The OED points to the word kennel by way of comparison, which also comes from a C-word: canis, which is Latin for “dog. [read post]
14 Apr 2021, 5:09 am
The Board agreed with Examining Attorney Giancarlo Castro that the genus of goods is adequately defined by the identification of goods. [read post]
14 Apr 2021, 4:00 am by Canadian Forum on Civil Justice
It is generally assumed that access to legal representation is a good thing. [read post]