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26 Mar 2011, 5:07 pm
Civil Procedure, Labor & Employment Law In the Matter of Madeline Acosta, No. 36 In a dispute over the scope of Correction Law Section 75, dismissal by trial court is modified and affirmed because defendant acted arbitrarily in denying application for security clearance by petitioner where it failed to comply with the requirements of the Correction Law. [read post]
22 Nov 2012, 5:01 pm
The Board concludes that the requirements for a fee reduction of R 6(3) were met and that therefore the correct fee has been paid. [read post]
2 Nov 2015, 3:42 am
Applicant Engine 15 appealed to the Board. [read post]
7 Nov 2008, 1:00 pm
This follows the recent decision in Symbian (more here), in which the UK-IPO lost their appeal relating to the correct application of the Aerotel four-step patentability test. [read post]
29 May 2013, 9:01 pm
Court of Appeals for the Second Circuit was correct in holding that the Town of Greece’s practice was likely unconstitutional. [read post]
22 Oct 2013, 9:15 am
If the Justice Department follows through, this move should have implications across the board and will be a welcome shift. [read post]
11 May 2017, 9:18 am
In effect, the Board extends the concept of "accidental disclosure" from the realm of inventive step to that of novelty. [read post]
4 Dec 2013, 3:05 am
Moreover, the correct focus is on the cited mark FLITTER FAIRIES, and only one registration contains the word "Flitter" (FLITTER DOODLE); however, and the goods of that registration (craft kits containing coloring supplies and glitter) are quite different from registrant's identified goods. [read post]
10 Jul 2020, 1:21 pm
They are also supposed to notify the claimant if there are defects in the notice so the form can be corrected and resubmitted. [read post]
20 Jul 2017, 3:24 am
Citing the TBMP [which, by the way, is not the law - ed.], the Board dubiously found that these omissions were merely procedural, and opposer should have objected earlier so that applicant could correct the deficiencies. [read post]
23 Sep 2019, 4:02 am
" The Board therefore refused to consider the motion.The Goods and Services: Not surprisingly, the Board found applicant's clothing items to be related to opposer's retail apparel store services. [read post]
30 Jan 2012, 11:33 am
If a board member falls short of his or her duties to the association, the members ultimately hold the keys to corrective action in the form of their power to remove a director. [read post]
13 Nov 2013, 8:40 pm
The Board’s findings are supported by substantial evidence […] We conclude that the Board applied the correct law.Id. at *9-10.ConclusionThe award of priority to Pfizer is affirmed.Sanofi-Aventis at *10 (text added). [read post]
18 Aug 2017, 3:31 am
In this decision the Board of Appeal is annoyed about the fact that a Rule 140 Correction of a decision of the Examining Division (signed by the whole division) and a Rule 139 Correction of an obvious error (signed only by the primary examiner in the opposition period, i.e. after grant; G 1/10 stopping this process was not yet issued) are not in the public part of the file.The Board sees the R.139 correction as not valid since no formally correct… [read post]
22 Jun 2018, 3:31 pm
May 23, 2016).1 Because we concludethat the Board erred in its legal framing of thequestion of the claimed genericness of TCCC’s marks, andfailed to determine whether, if not generic, the markswere at least highly descriptive,Background:Whether the Board applied the correct legal standardto the facts is a question of law. [read post]
11 Aug 2023, 10:30 am
As a result, there was an increased risk that improper or unsupported payments could have been made and may not have been detected and corrected. [read post]
20 May 2013, 5:01 pm
In this case the Board inter alia discussed the admissibility of documents filed together with the statements of ground of appeal.*** Translation of the German original ***[3.1] The main purpose of inter partes appeal proceedings is to offer the losing party the opportunity to contest the decision of the Opposition Division (OD) that adversely affects it and to have the correctness of this decision reviewed in proceedings that are completely separate from and independent of the… [read post]
10 Aug 2017, 3:19 am
In the absence of meaningful limitations in the application or cited registrations, the Board was correct in presuming that the goods travel through all usual channels of trade to the usual classes of consumers.Other I AM marks: The court agreed with the TTAB that, because there is no evidence of extensive or voluminous third-party use or registration of I AM marks for the same or related goods, the Jack Wolfskin and Juice Generation decisions are inapposite. [read post]
24 Feb 2014, 6:08 am
In any case, the Board observed, there is not correct way to pronounce a mark. [read post]
25 Mar 2015, 4:27 pm
She said, however, the correct figure is $7 million.) [read post]
