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3 Nov 2020, 4:13 am
” [T]he applicant may, in some circumstances, avoid or overcome the refusal [on the ground of failure-to-function] by providing evidence that the mark will be perceived as a source identifier. [read post]
19 May 2023, 2:59 am
Furthermore, EUTM applicants and designers must keep in mind that the complexity and fancifulness of the pattern may also be insufficient to establish distinctiveness. [read post]
21 Mar 2014, 4:54 am
In effect, the applicant has to make out a trade mark infringement case on the merits, albeit that the court will expect less by way of evidence (it may, for example, accept evidence by affidavit rather than in person). [read post]
8 Oct 2022, 11:10 am
The prior discussion treats each document of the same type as equivalent, but in reality, rules may have starkly different impacts and importance. [read post]
8 Dec 2015, 9:17 am
Marks & Spencer was the tenant and BNP Paribas and another, its landlords. [read post]
24 Jun 2014, 8:08 am
Earlier national registrations are only one factor which may be taken into account when assessing the eligibility of a sign to be registered as a Community trade mark, the GC said, and OHIM is under no obligation to follow the assessment of the competent national authorities or to register the mark at issue as a Community trade mark on the basis of those considerations. [read post]
6 Jun 2017, 9:42 am
Free Consultation The White Law Group is investigating the liability Speakman’s employer may have for failure to properly supervise him. [read post]
8 Dec 2021, 5:34 pm
The post US House Capitol riot committee may hold former Trump chief of staff in contempt appeared first on JURIST - News - Legal News & Commentary. [read post]
14 Sep 2022, 5:29 pm
Business owners may have additional opportunities. [read post]
2 Jun 2021, 7:43 am
Mark P. [read post]
13 Feb 2019, 4:01 am
"Conclusion: Although some consumers may encounter the marks of the parties, because the marks are not similar and the goods and services are not related, the Board found no likelihood of confusion.Read comments and post your comment here.TTABlog comment: Well, this was not the most exciting case I've ever read, but there you have it.Text Copyright John L. [read post]
5 Aug 2011, 3:45 am
In short, while these third-party marks may "narrow somewhat" the scope of Iowa's marks, that is not sufficient to overcome the other duPont factors. [read post]
8 May 2023, 9:58 am
According to this provision, a trade mark owner may prevent use of a sign where the sign is identical with, or similar to, a trade mark with a reputation in an EU Member State and where use of the sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark. [read post]
25 Sep 2023, 2:00 pm
Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use. [read post]
2 Jun 2020, 4:45 am
The Board noted that although the USPTO may register several individual marks that include a family element, it does not register “families” of prefixes, suffixes, or other components of a mark. [read post]
9 Jun 2018, 1:16 pm
Following an unsuccessful appeal to the General Court, Kenzo Tsujimoto appealed to the Court of Justice of the European Union (CJEU), which issued its judgmenton 30 May last. [read post]
21 Jul 2008, 2:34 am
Similarly, an owner that only uses its mark in one region may find adequate protection by registering its mark in each state in which the mark is used. [read post]
28 Sep 2011, 2:31 pm
Alleged Horse-Breeding Scheme May Have Violated Federal RICO LawThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Investors could proceed with civil RICO claims against defendants that allegedly engaged in a fraudulent investment scheme that involved the leasing of thoroughbred mares for a single breeding season, the federal district court in Lexington, Kentucky, has ruled. [read post]
29 Apr 2018, 8:57 am
Darrin PribbernowMark Thomsen Please join me in welcoming our two guest bloggers for the month of May. [read post]
10 Jan 2022, 5:38 pm
Photo by EKATERINA BOLOVTSOVA on Pexels.comBy: Mark Stepanyuk Challenging the validity of a patent versus patent infringement If you have a patent and you think somebody is infringing on that patent, you may be able to sue them for patent infringement. [read post]
