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30 Apr 2018, 8:49 am
“The fact that the characteristics giving substantial value to the goods are, in part, determined by the public’s perception does not, in my view, mean that account may be taken of the reputation of the trade mark or its proprietor as part of the assessment to determine whether the shape at issue gives ‘substantial value’ to the goods”. [read post]
30 Apr 2018, 8:49 am
“The fact that the characteristics giving substantial value to the goods are, in part, determined by the public’s perception does not, in my view, mean that account may be taken of the reputation of the trade mark or its proprietor as part of the assessment to determine whether the shape at issue gives ‘substantial value’ to the goods”. [read post]
11 Jan 2011, 11:50 am
Such evidence may be: a. [read post]
22 Nov 2017, 12:41 am
The few people that may have heard of it (i.e. people who live near the mountain pass) are not the average consumer and not located in the EU. [read post]
24 May 2013, 10:28 am
May 17, 2013). [read post]
31 Dec 2016, 8:29 am
Therefore whilst an incorrect declaration regarding intention to use under section 32(3) Trade Marks Act 1994 may result in partial or even total invalidity of a UK mark there is no equivalent for EU marks. [read post]
6 Sep 2018, 3:28 am
To the extent that "do food" may connote cooking and eating, the same meaning would apply to applicant's services.The Board therefore found the marks to be similar in appearance, sound, connotation, and commercial impression.The Goods and Services: "It is well established that confusion may be likely to occur from the use of the same or similar marks for goods, on the one hand, and for services involving those goods, on the other. [read post]
13 Jun 2010, 1:01 am
While considering the question of balance of convenience, the possible confusion that may cause in the mind of an ordinary person of average memory and imperfect recollection along with the possibility of difficulties and loss that may be caused to a party complaining infringement, has to be taken note of. [read post]
5 Sep 2019, 6:36 am
There may, however, be instances in which this will not be the case. [read post]
22 Nov 2013, 7:25 am
Another Duffy Amendment approved in the mark up would give the SEC discretion to determine where in the 5 and 10 cent increments the stock may be traded. [read post]
21 Dec 2023, 9:00 am
It is absolutely key for trade mark owners who may be monitoring third party uses of a mark (which they may be unable to take action against without an equivalent registration in a particular territory) to ensure that they regularly also check whether any registrations have been filed in respect of such marks, so that they do not inadvertently acquiesce. [read post]
17 Apr 2014, 8:16 am
It means that an applicant that has already paid its filing fee may find it is now going to get less than it applied for. [read post]
6 Aug 2012, 5:00 am
Military Commissions Chief Prosecutor Mark Martins gave the following brief remarks over the weekend in Chicago. [read post]
31 Jan 2017, 8:28 am
The majority of these claims may be brought in securities arbitration before FINRA. [read post]
9 Jul 2012, 2:04 pm
It may in fact make it harder. [read post]
30 Sep 2010, 2:11 am
" As to overall commercial impression, "the term CEMENTO in each mark may convey the notion that the clothing items in question are durable and strongly made. [read post]
12 Jun 2015, 8:33 am
Monday's discussion takes us north to the Court of Justice of the European Union which provided its opinion this week on whether the shape of Nestle's almost century old Kit-Kat bar is registrable as a trade mark. [read post]
15 Oct 2013, 5:00 am
This case serves as a reminder for employers that even though an employee's religious beliefs may seem strange, as long as those beliefs are sincerely held, the law requires that employers accommodate them absent undue hardship. [read post]
29 May 2014, 2:48 am
Jerzy Makarczyk, Opposition No. 91208352 (May 27, 2014) [precedential].Fame and Distinctiveness: Chanel established that it began using its mark in the United States in the 1930s. [read post]
12 Jun 2017, 3:18 am
"Although Lyons may have been the first to use the mark, the record shows that her use never rose to the level of use in commerce. [read post]
