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23 Dec 2015, 7:43 am by Tim Sitzmann
The provision provides, in pertinent part: No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it [c]onsists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage . . . persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute[.] [read post]
24 May 2019, 8:38 am
- the tricky issue of priority right transfer (T 0725/14) | Everything is awesome: Lego blocks “Lepin” trade mark registration | AG Szpunar advises CJEU to rule that copyright protection in designs simply arises when they are original | Fordham 27 (Report 14): Priority | Fordham 27 (Report 13): PTAB | “AGING BACKWARDS” for fitness-related goods and services? [read post]
31 Jul 2017, 1:00 am by Matrix Legal Support Service
This appeal considered whether a criminal offence can be committed under the Trade Marks Act 1994, s 92(1)(b) or (c) (selling, offering for sale or distribution/possession with a view) where the proprietor of the registered trade mark has given its consent to the application of the sign which is its registered trade mark or has itself applied its own registered trade mark to the goods, but has not given its consent to the sale, distribution or… [read post]
6 Jan 2015, 4:00 am by Alan Macek
Trade-marks Act The Trade-marks Act (soon to be the Trademarks Act) was amended twice in 2014. [read post]
13 Aug 2021, 5:35 pm by Tamera H. Bennett
“Athletic wear” may be too vague, while “children’s T-shirts, athletic socks, novelty underwear, and athletic shorts” may fulfill the requirements of TMEP 1407.02(c), “Unambiguous Identifications. [read post]
13 Aug 2021, 5:35 pm by Tamera H. Bennett
“Athletic wear” may be too vague, while “children’s T-shirts, athletic socks, novelty underwear, and athletic shorts” may fulfill the requirements of TMEP 1407.02(c), “Unambiguous Identifications. [read post]
30 Jul 2012, 10:08 am
In the letter which appears below, he sets out his Summer Manifesto, in the form of a letter to Europe's choicest trade mark practitioners: IP Translator: New provisional feature for the identification of goods and services when e-filing CTM applications Dear Users In my letter of 20 June last regarding the Court ruling C-301/10 on the “IP Translator” case, I indicated that OHIM would be revising its e-filing systems to provide a user-friendly solution… [read post]
12 Dec 2008, 12:00 pm
" It relied on the constructive use provisions of Section 7(c) to establish priority, based on the filing date of its I-T-U application.As to likelihood of confusion, the Board found the marks to be "strikingly similar. [read post]
5 Oct 2011, 6:56 am
 The Proposal aims to reinforce customs actions in fighting the trade in IPR infringing goods. [read post]
14 Jun 2008, 10:44 pm
As a reminder, the following italicized questions come from Jane C. [read post]
20 Mar 2019, 12:32 pm by Rebecca Tushnet
” But that all involved use of the stylized “Cmark, “which lends distinctiveness to the mark. [read post]
27 Dec 2010, 1:53 pm
§1052(d), requires that the examining attorney refuse registration when an applicant’s mark, as applied to the specified goods or services, so resembles a registered mark as to be likely to cause confusion. [read post]
22 May 2020, 6:45 am by Sophie Corke
The German Pelham court confirms when sampling is illegalNever Too Late 263 [Week ending May 3] The CJEU (again) on 3D trademarks: the Gömböc judgment | The non-systematic relevance of earlier IP rights: from Gömböc to Brompton Bicycle | Trade marks and mobile apps: the PlanetArt v Photobox saga draws to a close (in PlanetArt's favour) | SkyKicked: High Court confirms trade mark infringement | Is COVID-19 a Nietzschean moment for… [read post]
16 Apr 2010, 10:10 am by Rebecca Tushnet
Similar with nominative fair use: you need to use the mark to do the thing you actually want people to do—polls about New Kids are goods in the marketplace whose presence for consumers to choose increases social value. [read post]
23 Jun 2008, 1:34 pm
As a reminder, the following italicized questions come from Jane C. [read post]
9 Jun 2016, 2:11 am
A good week for musicians with a penchant for sampling! [read post]