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28 Nov 2019, 4:42 am
The AG stated that grounds for invalidity set out in the EU Trade Mark Regulation were clear and exhaustive. [read post]
20 Jun 2017, 3:18 pm
The constitutional analysis in the Supreme Court's decision yesterday in Matal v. [read post]
3 Feb 2020, 6:00 am
See Iancu v. [read post]
15 Jun 2011, 12:45 am
He noted that, because of his conclusion on reasonable expectation of privacy, this strictly speaking did not arise but nevertheless went on to state his finding. [read post]
26 Sep 2017, 5:06 am
DC Comics v. [read post]
5 Sep 2007, 1:01 am
Kellogg Company, Plaintiff-Appellant, v. [read post]
TTAB Declares Registration Void Because Services Not Rendered Before Filing of Use-Based Application
6 Feb 2014, 3:21 am
Playdom, Inc. v. [read post]
8 Oct 2021, 9:11 am
Evidence of third-party use of similar marks was “thin” (FocusVision Worldwide, Inc. v. [read post]
14 Jan 2013, 8:30 am
¶10 (quoting Wachovia Bank & Trust Co. v. [read post]
8 Dec 2008, 12:00 pm
Diaz v. [read post]
Case Preview: Thaler v Comptroller-General of Patents, Designs and Trade Marks (Case ID: 2021/0201).
21 Feb 2023, 7:35 am
In this post, Rachel Free (Partner), Toby Sears (Partner) and Omri Shirion (Associate) of the CMS Intellectual Property team, preview the UK Supreme Court’s upcoming hearing of Thaler v Comptroller-General of Patents, Designs and Trade Marks. [read post]
11 Feb 2016, 6:36 am
To discuss the case, we have Mark F. [read post]
14 Dec 2015, 10:57 am
., Inc. v. [read post]
31 Dec 2019, 4:47 am
State v. [read post]
30 Aug 2010, 2:24 pm
" Simonian v. [read post]
15 Apr 2008, 10:32 am
" In State of Indiana v. [read post]
9 Oct 2017, 9:03 am
Indeed, I would go on to say that the fact that there is a co-existence agreement in two Member States indicates that there is a likelihood of confusion in other Member States where the parties haven't struck a deal to prevent it.I would also have made sure that the UK co-existence agreement made clear that if the junior trade mark owner wanted to enter the Spanish market, there would have to be a new agreement. [read post]
11 Mar 2022, 4:00 am
The second case cited was Shapiro v. [read post]
31 Jul 2018, 1:17 am
If no distinctiveness exists in relation to the mark from the very beginning, acquired distinctiveness would have to be shown in the EU.No amount of cute advertising could save the KitKat shapeWhen it comes to acquired distinctiveness, the Court emphasised that, for any mark devoid of inherent distinctiveness, "…evidence be submitted, in respect of each individual Member State, of the acquisition by that mark of distinctive character through use, the… [read post]
31 Jul 2018, 1:17 am
If no distinctiveness exists in relation to the mark from the very beginning, acquired distinctiveness would have to be shown in the EU.No amount of cute advertising could save the KitKat shapeWhen it comes to acquired distinctiveness, the Court emphasised that, for any mark devoid of inherent distinctiveness, "…evidence be submitted, in respect of each individual Member State, of the acquisition by that mark of distinctive character through use, the… [read post]