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22 Dec 2020, 1:40 pm
The Claimants alleged infringement of their EAGLE RARE trade marks under Articles 9(2)(b) and 9(2)(c) of the Regulation, and equivalent provisions of the Trade Marks Act 1994. [read post]
23 Oct 2015, 12:37 pm
Most common issue is ID of goods making the mark deception. [read post]
21 Jun 2017, 9:37 pm
And the vast majority operate in good faith in the best interests of our communities. [read post]
24 Nov 2006, 9:23 am
The application sets forth, among other things, the authorized users of the mark/copyright. [read post]
3 Jul 2017, 12:48 pm
Under section 20(1)(a) Trade-Marks Act (RSC 1985, c T-13)(TM Act), trade mark infringement requires a valid trade mark registration, a ‘use’ in the sense of the Act (sale, distribution or advertisement), a confusing sign in relation to any goods and services in a commercial context without entitlement or authorisation. [read post]
3 Jul 2017, 12:48 pm
Under section 20(1)(a) Trade-Marks Act (RSC 1985, c T-13)(TM Act), trade mark infringement requires a valid trade mark registration, a ‘use’ in the sense of the Act (sale, distribution or advertisement), a confusing sign in relation to any goods and services in a commercial context without entitlement or authorisation. [read post]
11 Jun 2014, 10:26 am
Unsurprisingly, the court then rejected defendants’ arguments that they weren’t using plaintiffs’ marks to sell goods or services. [read post]
25 Jan 2013, 1:41 pm
by: Adam C. [read post]
20 May 2024, 4:38 am
It affirmed a refusal to register, on the Supplemental Register, the term CINNAMON DONUT STOUT for "beer" [STOUT disclaimed], finding it to be generic for the goods under Sections 23(c) and 45. [read post]
3 Nov 2022, 3:58 am
C. [read post]
14 Nov 2017, 1:09 am
As set in the recent Court of Appeal judgment in Nestle (see more in the link above), the test for acquired distinctiveness is that "…the mark must have come to identify the relevant goods as originating from a particular undertaking and so to distinguish those goods from those of other undertakings". [read post]
7 Jul 2016, 1:04 am
It sublets to market-traders the various sales areas in that marketplace.Manufacturers and distributers of branded products discovered that counterfeits of their goods were regularly in Prague market halls. [read post]
27 Jan 2014, 6:05 am
” This is all good. [read post]
27 Jan 2014, 6:05 am
” This is all good. [read post]
11 Jul 2016, 11:09 am
Everywhere else does it right: you don’t ascertain conceptual distinctiveness without considering the goods or services. [read post]
11 Jan 2011, 3:57 am
From AIAA president Mark J. [read post]
4 Feb 2014, 5:38 pm
In the Top 10 today, Steven Gursten has some good advice on handling being stuck in a snowstorm. [read post]
8 Feb 2015, 7:00 pm
Mark Martins’ remarks begin as follows: Good afternoon. [read post]
14 Jul 2014, 5:56 am
Are they are a good idea or not? [read post]
20 Mar 2020, 4:45 am
- this time, relating to two sets of proceedings in a dispute with Lenovo.Trade MarksIPKat Eleonora Rosati considered the implications of the judgment of the Court of Justice of the European Union (CJEU) in Constantin Film, C-240/18 P, aka Fack Ju Göhte, in relation to freedom of expression, trade marks, and copyright law.Keeping with the CJEU theme, GuestKat Riana Harvey commented on the decision in Joined Cases C-155/18 P to C-158/18 P, which brought… [read post]