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16 Oct 2018, 3:14 am
Examining Attorney Ira Goodsaid issued a final refusal on the ground that Applicant’s mark, as a whole, is primarily geographically descriptive of the identified goods. [read post]
18 Apr 2014, 9:20 am by admin
These official marks not only trump regular trademarks, they confer protection that is not limited to specific goods and services, as is the case of regular trademarks. [read post]
19 Sep 2019, 12:24 pm by Peter Groves
It must do so on the basis of factors such as the details about the geographical areas where the products were to be delivered.AMS Neve Ltd and others v Heritage Audio SL and others (Case C-172/18) EU:C:2019:674 [read post]
13 Aug 2019, 2:51 am
In re Hutchinson and Stengl, Serial No. 86809909 (August 9, 2019) [not precedential] (Opinion by Judge George C. [read post]
21 Jul 2022, 3:36 am
Alas, the Northsiders successfully opposer an application to register the "C" design mark shown to the right, for various clothing items, on the ground of likelihood of confusion with the Cubs' registered "C" logos for baseball games and exhibition services and a variety of  goods, including clothing. [read post]
30 Sep 2023, 8:04 am by Alessandro Cerri
 The Board began by noting that 'distinctive character', for the purposes of Article 7(1)(b) EUTMR means that the mark applied for must 'serve to identify the goods or services for which registration is sought as originating from a particular undertaking and thus distinguishing the goods or services from those of other undertakings' (applying the decisions of the Court of Justice of the European Union (CJEU) in Torches, C-136/02,  Das… [read post]
9 Jan 2019, 5:08 am
(ii) The amount, volume, and geographic extent of sales of goods or services offered under the mark. [read post]
13 Mar 2020, 6:21 am by Riana Harvey
 However, the CJEU disagreed with the GC's conclusion that the absence of such a statement would preclude any association between those shops and the goods of the mark applied for.First, the CJEU emphasised that the line of authority derived from Praktiker concerned only applications for registration as TMs and did not concern protection of trade marks registered at the time of the Praktiker judgment (EUIPO v Cactus, C-501/15 P). [read post]
1 Feb 2013, 3:35 am by John L. Welch
Applicant HCA International applied to register the mark shown immediately below for various goods and services in International Classes 16, 36, 42, and 44. [read post]
28 May 2020, 8:32 am by Ron Friedmann
Mark notes the C-suite increasingly drives expectations of law departments and all lawyers in the supply change. [read post]
28 Nov 2023, 4:15 am
Monster alleged a likelihood of confusion between its registered "Claw" design mark for various goods and services, and applicant's "Circled MV" design mark for goods and services in eight classes. [read post]
7 Feb 2023, 3:58 am
On this motion, the applicant conceded priority, as well as the relatedness of the goods and the classes of purchasers. [read post]
25 Jan 2024, 4:16 am by Alessandro Cerri
  (c) the trade mark for the purpose of identifying or referring to goods or services as those of the proprietor of that trade mark, in particular, where the use of the trade mark is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts. [read post]
30 May 2024, 1:00 am by Anna Maria Stein
This decision follows the Lionel Messi case (C-449/18 see The IPKat here), where the personal fame and reputation of the world-renowned football player were deemed relevant for trade mark registration, and the Picasso case (C-361/04 see The IPKat here). [read post]
& Anor (Rev1) [2021] – EWHC 3096 (Ch) (19 November 2021) concerns two parties using highly similar/identical marks (STEALTH) on identical goods. [read post]
19 Jan 2009, 3:20 am
Silberquelle GmbH v Maselli-Strickmode GmbH (Case C-495/07); WLR(D) 6 “Where the proprietor of a trade mark affixed the mark to items that it gave free of charge to purchasers of its goods, it did not make genuine use of the mark so far as those items were concerned, for the purpose of, inter alia, art [...] [read post]
22 Jun 2020, 1:45 pm by Nedim Malovic
According to the CJEU (at para 42) “In any event, it cannot be held that a sign consisting of two-dimensional decorative motifs is indissociable from the shape of the goods where that sign is affixed to goods, such as fabric or paper, the form of which differs from those decorative motifs”.The product development department at Svenskt Tenn should thus refrain from marketing what would likely by the worst ever map of New York City based on this trade mark… [read post]
7 Sep 2021, 7:05 am by Rebecca Tushnet
” Instead, a plaintiff must plead “specific facts reflecting [the defendant’s] activity that, if proved, would amount to an attempt to create the impression that [the plaintiff] is the source of [the defendant’s] services” or goods, such as conduct outside use of the registered mark itself. [read post]