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6 Apr 2023, 7:58 am
Indeed, the Board underlined that "it is likely that use of the contested mark for the goods in Class 10 concerned would devalue the image that the earlier mark has acquired amongst the public". [read post]
2 Oct 2015, 3:41 am
Nike's Section 2(d) and 43(c) (dilution-by-blurring) claims, which were based on Nike's ownership of registrations for the mark shown above right, survived the motion to dismiss. [read post]
11 Nov 2014, 7:38 pm
I have recently discussed whether objections against stylised device marks containing descriptive words should be raised under Articles 7(1)(b) and/or (c) of the Community Trade Mark Regulation. [read post]
30 Jul 2020, 1:32 pm
The necessity of a ‘link’ is not explicitly mentioned in Article 8(5) EUTMR but has been established through case law, notably in C-408/01, Adidas and C-252/07, Intel.On the basis of the evidence submitted by the parties, the Board found that the contested goods have different natures, purposes, methods of use, origins, and distribution channels. [read post]
21 Apr 2013, 3:20 pm
Was he not relaxed, informally attired, looking forward to enjoying the good things in life? [read post]
24 Mar 2015, 12:44 pm
The Hungarian Intellectual Property Office (HIPO) found that Unilever had sold large quantities of and publicised the goods designated by its Community word mark IMPULSE in the United Kingdom and Italy, with that mark enjoying a 5% market share in the United Kingdom and a 0.2% market share in Italy [the product seems to be some sort of perfumed and/or deodorant body spray]. [read post]
18 May 2014, 9:04 pm
The proposed legislation threatens to destroy this vital foundation by permitting for the first time in Canada, the right of anyone to register a trade mark without first having used the trade mark anywhere, and for a long shopping list of goods and services that have no rational connection with the goods or services the registrant is interested in or is capable of selling in Canada. [read post]
8 Jul 2012, 9:30 pm
Following last week’s post “10 reasons to adopt the European Approach” to trade mark infringement proceedings, Afro Leo promised to provide a checklist.This is Part 1 - the Principles.The most common of the infringement provisions based on an earlier mark states as follows (Section 34: SA Trade Marks Act 1993): The rights acquired by registration of a trade mark shall be infringed by the unauthorized use of a mark which is identical or… [read post]
28 Apr 2014, 10:05 am
In-house columnist Mark Herrmann gives examples of terrible, horrible, no good, very bad legal advice, followed by the advice that should have been given instead. [read post]
18 Jul 2014, 1:24 am
".Though it appears both logical and correct in law to conclude that the figurative mark can be registered while the word mark can't, the IPKat wonders what it will mean in practice if the figurative mark appears on goods but no use may be made of the word that appears so prominently within it. [read post]
11 Oct 2020, 11:43 am
, C‑541/18). [read post]
5 Mar 2020, 11:02 am
They were being used for the same goods, which were sold in the same shops. [read post]
24 Nov 2019, 6:52 am
In this regard, the average consumer normally perceives a mark as a whole and does not proceed to analyze its various details (OHIM v Shaker, C‑334/05 P).In considering such distinctive and dominant elements, the Court noted that the figures in both marks are likely to represent strong or healthy people. [read post]
31 Dec 2023, 1:58 am
Comparison of marks As for comparing the relevant marks, the Board noted that a global assessment of likelihood of confusion would need to be carried out, as the average consumer normally perceives a mark as a whole (C-251/95, Sabel, and others). [read post]
28 Jan 2008, 9:24 am
Joseph C. [read post]
24 Dec 2016, 4:04 am
In essence it is a balance between (a) allowing a trade mark owner to maintain broad protection to a large category of goods when its use is confined to a particular sub-set of goods; and (b) removing protection for sub-sets of goods which the average consumer would consider to be substantially the same as the goods for which the mark has actually been used.After a thorough review, the specification was not amended. [read post]
24 Jul 2023, 10:55 am
The purpose of Art. 7(1)(e)(ii) EUTMR is to prevent trade mark protection from granting its proprietor a monopoly on technical solutions or functional characteristics of a product which a user is likely to seek in the products of competitors (C-53/01 to C-55/01 at para. 72). [read post]
3 May 2021, 11:50 am
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]
11 Oct 2016, 8:10 am
It held that the message conveyed by the sign related to ‘body-building’ or a ‘body-builder’ and that the relevant public would perceive a direct and specific link between the sign and the goods and services designated by the mark applied for.The Board of Appeal concluded that such mark fell within the prohibition laid down in Article 7(1)(c) EUTMR. [read post]
13 Dec 2023, 4:36 am
§ 1125(c). [read post]
