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5 Feb 2015, 8:11 am
A little over a year ago we left Case C-383/12 P Environmental Manufacturing LLP v Office for Harmonisation in the Internal Market, Société Elmar Wolf – reported here in the IPKat – and the Court of Justice making it clear to the General Court that 'what it said explicitly was what it meant'. [read post]
23 May 2017, 6:01 am
A blatant trade mark infringement… or not? [read post]
6 Apr 2016, 1:30 am by Jani Ihalainen
After discussing all submitted evidence anew, Lord Justice Kitchin determined that the evidence did indeed create a likelihood of confusion, however acknowledging some of it having little probative value. [read post]
3 Apr 2016, 7:52 pm by Afro Leo
The test for "similarity of marks" under the Sabel v Puma test (as applied) has very little to do with a man in a noisy pub; it simply involves a consideration as to whether there is any level of similarity (as opposed to "likelihood of confusion" - which comes later in the test) between the marks. [read post]
8 Sep 2014, 3:14 am
Moreover, the record included many examples of use of the term "Big Cat" to refer to Caterpillar.Third-party "cat"  marks offered by applicant were of little relevance, but even if they were, the Board noted that "third-party registration or use cannot justify the registration of what possibly may be another confusingly similar mark. [read post]
6 Feb 2017, 6:08 am
There was very little evidence regarding promotion of the mark or name, and furthermore since 2009 petitioner's use of the term has not been exclusive. [read post]
10 Nov 2016, 1:23 am by Jani Ihalainen
  Some combinations of notes are a little less simpleAs with 'traditional' marks, the assessment of distinctive character is based on the goods or services in respect of which registration of the mark is sought and to the relevant public’s perception of that mark. [read post]
28 May 2007, 4:35 am
When spoken, they are similar in sound.Moreover, "[t]he visual similarity of the marks is striking. [read post]
6 Dec 2011, 2:30 am by John L. Welch
TTABlog for ..... ah, forget it.]And so the Board sustained the opposition.TTABlog comment: I think the "stop and translate" concept makes little sense. [read post]
25 Nov 2013, 10:25 am by Lindsey A. Zahn
Additionally, with respect to the Board noted that the evidence was of little probative value because the information pertained to  Canadian, and not  U.S., entities. [read post]
27 Nov 2014, 3:14 am
A little over four years ago, Alifoods applied to register as a Community trade mark the rather attractive sign (illustrated above, right) for a wide range of tasty foods and drinks in Classes 29 and 32, plus a long list of services relating to them in Class 35. [read post]
21 Jul 2011, 12:08 am by Glenn Reynolds
Whether they intend to or not, too many journalists are little more than Homers for the Big Government team. [read post]
17 Jun 2010, 11:51 am by Mark A. Anderson
"If you have to slow down a little bit when you are on McKinney, so be it, if it keeps pedestrians safe. [read post]
12 Nov 2013, 10:14 pm by Jeff Gamso
--------------------*Note to Mark Draughn: I understate. [read post]
11 Jun 2009, 3:03 am
Isn't the combination AMERICAN GIRL so highly descriptive of clothing for American girls that it merits little breadth of protection? [read post]
22 Apr 2010, 2:45 am by John L. Welch
" Applicant's use does not fall into any of those categories.And so the Board denied Applicant's motion for leave to amend on the ground that the amendment would be futile.Opposer's Summary Judgment Motion: The Board wasted little time in denying American Express's summary judgment motion. [read post]
29 Dec 2009, 2:55 am by John L. Welch
Applicant's assertion of no actual confusion is of little probative value in this ex parte context. [read post]