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5 Jul 2024, 10:49 pm by Marcel Pemsel
Both dates were rather close together and they covered March/April 2011 to March/April 2016. [read post]
19 Mar 2020, 4:43 am
” The Board, however, dismissed the significance of several of these registrations: It found some to be cancelled, one not of record in the proceeding, and five to cover “inapposite goods or services. [read post]
30 Jun 2019, 3:00 pm
For other goods in class 14 such as jewellery, necklaces and bracelets, APPLE is perceived by the relevant public as a descriptive indication of the features and ought to remain available for competitors.The Federal Court also indicated that trade mark protection should be refused for goods made of precious metals because the APPLE mark is descriptive of at least some of the goods covered by the generic term. [read post]
13 Jan 2017, 4:44 am by Jani Ihalainen
The mark was subsequently challenged by Nestle's favorite candy competitor, Cadbury (now owned by Mondelez), and the matter has since ultimately ended up in the General Court, largely dealing with lack of use and distinctive character.The GC only concerned itself with Article 52(2) of the Community Trade mark Regulation, in conjunction with Article 7(3), which set out that a trademark, even if potentially found invalid, might still be registrable should the mark… [read post]
26 Nov 2018, 4:47 am by Rebecca Tushnet
  Indeed, the court then points out the obvious counter: defendants’ cards list defendants’ website on the back cover, where one would expect a trademark on a greeting card. [read post]
15 Dec 2009, 6:02 am
(They miss the mark by a half-block. [read post]
5 Apr 2010, 3:31 pm by Ashby Jones
In December, a ruling by the Federal Circuit increased the potential fines in so-called “false marking” cases. [read post]
5 Mar 2007, 9:53 pm
"Not seeing the wood for the trees" is the caption on the cover of the March 2007 issue of near-monthly Trademark World. [read post]
22 Aug 2023, 8:50 am by Marcel Pemsel
In any event, it can lead to a likelihood of confusion because consumers can attribute the origin of the goods or services covered by the composite later mark to the owner of the earlier mark. [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]
28 Jun 2017, 3:59 am by Edith Roberts
Amy Howe covers the orders list for this blog. [read post]
7 Mar 2012, 3:36 am by John L. Welch
Viterra argued that its standard character mark should not be construed so broadly as to cover the distinctive form of the cited mark, that the marks are phonetically different, and that the marks have different connotations.Vittera urged the court to explain how standard character marks should be compared to design marks, and specifically argued that the court should "readdress and clarify" its ruling in Citigroup, Inc. v. [read post]
3 May 2012, 2:20 pm by Benjamin Wittes
His availability will also greatly expand Lawfare‘s ability to cover other hearings—as it did today when Wells covered the D.C. [read post]
6 Oct 2021, 12:30 am by The Yellow Sheet
 The webinar covers how the examination is prepared and marked, how to approach the examination, common issues, myths and misconceptions. [read post]
17 Nov 2008, 12:00 pm
"[A]pplicant's lollipop stick consists of the character's feet and legs, the hard candy is the torso, and the bobble head portion is a reusable cover. [read post]
5 Jun 2014, 7:20 am
    Six dated invoices in Romanian issued by another company to a wholesaler within a three month period each covering 432 bottles of vodka associated with the wording “V DRACULA”.2. [read post]
3 Jun 2024, 9:23 am by Marcel Pemsel
Background On 23 November 2020, an individual applied for registration of German trade mark no. 3020200255902 for the following figurative mark: The application covered goods in classes 16 (printed matter; photographs; stationery; office requisites; bookbinding materials; instructional and teaching materials), 18 (luggage; carrying bags), 21 (glassware, porcelain and earthenware; household and kitchen utensils and containers) and 25 (clothing). [read post]
12 Jun 2018, 3:15 am
Wellington).The Goods: Opposer submitted copies of 13 third-party registrations for marks covering both beer and rum. [read post]