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13 Feb 2020, 7:47 am
Therefore, we find that the Examining Attorney established that Applicant’s marks for utility knives falsely suggest a connection with Donald Trump.Section 2(c): In pertinent part, Section 2(c) bars registration of a mark that "[c]onsists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent. [read post]
13 Jun 2014, 2:58 am
There are notoriously known marks (6bis Paris Convention) but these fall under 8(2)(c) CTMR, not under 8(4). [read post]
17 Aug 2018, 4:10 am
Lynch).The Marks: The letters C and K produce the same sound, as evidenced by dictionary evidence providing pronunciation guidance, and so the marks COLORGANICS and KOLORGANICS would sound identical when consumers call for the goods. [read post]
5 Mar 2009, 2:33 am
Essex Trading Standards v Singh; [2009] WLR (D) 81 “In order to acquit a defendant of a charge of unauthorised use of registered trade marks in relation to goods, contrary to s 92(1)(c) of the Trade Marks Act 1994, under the statutory defence provided by s 92(5) of the Act, it was not enough for the [...] [read post]
10 Sep 2012, 2:48 am
Although the applied-for marks are not identical to the registered design, there is a "C-scoop" in each.We note that the C-scoop is but one aspect of what appears as a “muscle car” in the overall “outward appearance of a vehicle” that is captured by the descriptions in the marks in each of the three applications. [read post]
25 Sep 2023, 2:00 pm
While the CJEU’s case law (Ferrari SpA v DU (C-720/18) EU:C:2020:854 and Ansul BV v Ajax Brandbeveiliging BV (C-40/01) EU:C: 2003:145) suggest that using the trade mark for spare parts might be considered genuine use for the complete product, the evidence submitted by Ferrari did not sufficiently demonstrate genuine use of the trade mark for relevant spare parts that could be seen as equivalent to an automobile.CommentThe Board’s decision… [read post]
26 May 2010, 8:44 am
If buyer C truly didn’t know about the sale to B, then C gets the mark and B loses out. [read post]
24 May 2019, 12:24 pm
To successfully have pleaded a 2(a) claim, a plaintiff must allege: (1) the defendant’s mark is the same or a close approximation of the name or identity of a person or institution; (2) defendant’s mark would be recognized by purchasers and point uniquely and unmistakably to the person or institution named; (3) that person or institution is not connected to the goods or services under the mark; and (4) such name or identity is of sufficient fame that… [read post]
1 May 2015, 1:30 pm
KG applied for invalidity of the BE HAPPY CTMs on the grounds that they lacked distinctive character and were descriptive of the characteristics of the goods they covered, according to Articles 7.1.b) and 7.1.c) of Regulation 207/2009 respectively .The Cancellation Division upheld the requests for invalidity, and the Board of Appeal confirmed the decision that the registrations were null and void because the marks were not distinctive. [read post]
31 May 2013, 7:24 am
The former provision prevents the registration of non-distinctive signs, which cannot fulfil the essential function of a trade mark; the latter ensures that 'descriptive signs relating to one or more characteristics of the goods or services in respect of which registration as a mark is sought may be freely used by all traders offering such goods or services' (see Case C‑173/04 P Deutsche SiSi-Werke v OHIM, and Case C‑191/01 P OHIM v… [read post]
29 Jan 2020, 3:31 am
It just a few months ago that this blog reported on the Opinion of Advocate General Tanchev in the Sky v SkyKick, C-371/18 case.important A referral from the High Court of Justice of England and Wales made by Arnold J (as he then was), the Sky case is probably the most important referral in the EU trade mark field made over the past few years. [read post]
3 Oct 2016, 1:13 am
Good luck to the national courts assessing the knowledge of English in all the different Member States. [read post]
21 Jul 2016, 3:06 am
the mark as indicating a single source for the goods or services for which protection was sought. [read post]
22 Jun 2016, 7:49 am
Opposer’s marks have been used with a wide variety of goods and services, and numerous licenses have acknowledged Opposer’s rights in the marks, with full attribution. [read post]
22 Nov 2017, 12:41 am
Therefore, Fox said it had both a defence to infringement and grounds for invalidating the mark (under Art.7(1)(c) of the Regulation). [read post]
6 Mar 2019, 12:00 am
On 16 March 2016, the Opposition Division upheld the opposition for all the goods and services designated by the mark applied for on the basis of Article 8(5) of Regulation No 207/2009. [read post]
3 Jun 2010, 2:09 am
It extensively advertises its goods under the mark in various well-known periodicals, and the goods have received "widespread" unsolicited media coverage.The Board therefore found the mark to be famous for purposes of the fifth du Pont factor.The goods of the parties are in part identical, and therefore the Board must presume that they travel in the same trade channels to the same classes of purchasers.Turning to the marks, the Board… [read post]
6 Jun 2013, 1:45 pm
Ajax Brandbeveiliging BV (C-40/01) (2003) RPC 40 and held that Procter and Gamble has by advertisements in international media, registration of the Ariel detergent with the National Agency for Food and Drug Administration (NAFDAC), etc. made bona fide use of its trade mark in Nigeria. [read post]
23 Dec 2022, 1:35 am
And again, the cancellation action was upheld by the Cancellation Division of the EUIPO on the sole basis of Article 7(1)(c) EUTM, namely that even the figurative mark was descriptive of the geographical origin of the goods and services. [read post]
21 Oct 2013, 3:22 am
Here, as the current game of European trade mark reform approaches the endgame, it seems that a simple, single solution that will apply equally to Community trade marks and national marks may still be allowed to evade our grip -- and this will certainly happen if we ignore it. [read post]
