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15 Dec 2020, 4:39 am
" In re Team Jesus LLC, Serial No. 88105154 (December 10, 2020) [precedential] (Opinion by Judge Cynthia C. [read post]
23 Jul 2019, 11:23 am
GAME has a trademark registration for an image of the duck for various goods, and a copyright registration for the inflatable itself. [read post]
9 Jul 2018, 6:18 am
According to the CJEU, it is apparent from the wording of Article 8(5) EUTMR that this requires fulfilment of three cumulative conditions:The marks at issue must be identical or similar;The earlier mark cited in opposition must have a reputation; andThere must be a risk that the use without due cause of the sign applied for would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier mark.The mark’s earlier reputation… [read post]
22 Sep 2015, 1:35 am
It's Case C-427/15: New Wave CZ. [read post]
30 Apr 2014, 5:34 am
citing TMEP § 1213.05(c) (Oct. 2013). [read post]
7 Dec 2021, 5:00 am
Frito Lay had applied to revoke EUTM no. 009492158 for ‘MONSTER’ in cl. 5, 29, 30 and 33 held by Monster Energy under Article 51(1)(a) EUTM Regulation (cancelation decision No 14 861 C), claiming that the trade mark had not been put to genuine use for any of those goods within five years. [read post]
16 Feb 2009, 3:01 am
In the event that the trade marks have a reputation, may the proprietor oppose such use under Article 5(2) of the directive and Article 9(1)(c) of the regulation? [read post]
2 Aug 2013, 4:33 am
The claimant, relying on its earlier CTM, felt that the defendant's continued use of the F-word was a trade mark infringement, alleged both use of an identical mark for identical goods and, in the event that the goods or marks were not identical, that there was a likelihood of confusion among relevant consumers. [read post]
5 Oct 2015, 3:13 am
"Section 23(c) permits registration on the Supplemental Register, of a mark that "may consist of any ... configuration of goods ... that as a whole is not functional ... but such mark must be capable of distinguishing the applicant's goods or services. [read post]
29 Jan 2010, 12:12 am
Decision of the BOIP The BOIP ruled that, based on ECJ case law, explanatory notes such as the Joint Statements are not legally binding (ECJ, Antonissen, C-292/89, 26 February 1991). [read post]
25 Dec 2011, 11:07 pm
According to the information provided by the IPO, it's the dog-related Case C-561/11 Fédération Cynologique Internationale v Federación Canina Internacional de Perros de Pura Raza and the referring court is the Juzgado de lo Mercantil No 1 de Alicante (sitting as Community Trade Mark Court No 1). [read post]
2 Mar 2010, 9:21 am
By Abiola Inniss LLB, LLM, ACIArb It is a sore issue in the administration of justice in Guyana that oftentimes laws that have been passed by the National Assembly for the good of the nation are not practically or properly implemented, or simply sit on the shelves in the Parliament Buildings and elsewhere marking time. [read post]
27 Feb 2010, 9:54 am
By Abiola Inniss LLB, LLM, ACIArb It is a sore issue in the administration of justice in Guyana that oftentimes laws that have been passed by the National Assembly for the good of the nation are not practically or properly implemented, or simply sit on the shelves in the Parliament Buildings and elsewhere marking time. [read post]
25 Jun 2019, 3:48 am
§ 1091(c)). [read post]
17 Jul 2011, 2:19 am
The question to be answered is whether the “alleged mark has become a distinctive identifier associated with the complainant or its goods and services. [read post]
8 Jun 2014, 5:27 pm
In Europe, for instance, FIFA has managed to register a Community “Brazil 2014” trade mark in connection with a wide number of classes, not even remotely related to the World Cup goods and services. [read post]
18 Feb 2022, 8:47 am
Includes where mark continues to maintain a public presence before the consumer in identifying/distinguishing good (or service, though hard to imagine how that would work w/abandonment). [read post]
11 Dec 2017, 12:11 am
Furthermore, this has also an impact for trade mark owners of luxury goods. [read post]
17 Jan 2022, 3:06 am
”) at the German Patent and Trade Mark Office (DPMA) for goods in Class 25. [read post]
9 Jul 2013, 5:06 am
Grinberg “made a very good” and “rather exceptional” recovery. [read post]
