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28 Aug 2023, 9:09 am
Background Jaguar Land Rover Limited (‘Jaguar’) owns EU trade marks nos. 12239752, 17879332 and 17879330 protecting the following sign for goods and services in almost all Nice classes: Puma Energy International SA (‘Puma Energy’) owns International Registration no. 1513313 designating the EU for the following sign covering a broad range of goods and services in classes 1, 4, 9, 16, 19, 35, 36, 37, 39, 43. [read post]
15 Jan 2015, 4:43 am
OHIM further considered that the mark at issue was clearly devoid of distinctive character. [read post]
4 Oct 2022, 4:08 am
Fashion Electronics, Inc., Opposition No. 91247034 [Opposition to registration of EVOGUE for battery chargers, cell phone cases, headphones, carrying cases, handheld digital music players, protective covers for mobile phones, laptops, and portable media players, and wireless speakers, on the grounds of likelihood of confusion with and likely dilution of the registered mark VOGUE for, inter alia, magazines and mobile phone software.] [read post]
24 Nov 2020, 3:33 am
”The Board recognized that the “USPTO has discretion to require the degree of particularity deemed necessary to identify with specificity the goods or services covered by the mark. [read post]
19 Aug 2024, 3:57 am
However, the holding of Otto Roth was limited by the CAFC's decision in Books on Tape: if the challenged registration resides on the Supplemental Register and covers a descriptive term that lacks acquired distinctiveness, a prior user of a confusingly similar term may succeed in cancelling that registration even without establishing acquired distinctiveness for its own mark. [read post]
20 Nov 2019, 4:26 am
” Moreover, Examining Attorney Matt Einstein submitted third-party use-based registrations for marks covering both applicant’s services and goods that encompass bakery products. [read post]
8 Jul 2024, 4:35 am
Fionda maintained that the subject registrations cover only the specific goods following the term "namely" in the identification of goods: i.e., "evaporative air coolers. [read post]
30 Oct 2018, 3:56 am
Applicant’s prior registration covered the identical mark for goods in classes 9, 21, 25, and 28. [read post]
27 Sep 2020, 7:08 am
| Repurposed fabric face coverings - what options are available to affected brands? [read post]
30 Jul 2021, 8:35 am
Glico registered this particular mark back in 1989. [read post]
5 Jul 2016, 6:00 am
Uinta argued that “beer” and “wine” were not related, basing those arguments on the fact that such a small percentage of trademark registrations cover both beer and wine (about 70 registrations in total), the relative number of registrations for beer and wine (about 8,000 for beer and 18,000 for wine), and also about 10 pairs of registrations for identical or highly similar marks covering “beer” and “wine. [read post]
19 Aug 2015, 3:22 am
Opposer submitted six registrations for marks the cover both beer and wine, which provided some support for its case. [read post]
23 Jan 2017, 3:14 am
Reviewing Loggerhead’s utility patent for an “Adjustable Gripping Tool” and its design patent for a “Hydrant Tool,” the Board found that the design patent did not cover the motion described in the trademark application and so did not overcome the “strong conclusion” that the utility patent’s disclosure of the utilitarian advantages of the proposed mark indicated functionality. [read post]
17 Jul 2015, 7:24 am
This gave rise to a duty to pay import duties, and the bottles were thus to be regarded as having been imported; this being so, case law to the effect that the placing of trade marked goods under a suspensive customs arrangement cannot in itself infringe the exclusive right of the proprietor of the trade mark does not apply. * The proprietor of the trade mark is not in any way obliged to wait for the release for consumption of the goods covered by its trade… [read post]
16 Sep 2018, 1:41 am
The KitKat trade mark (as reported in the CJEU decision- the photocopier has not been kind)By now, the fate of the four fingered KitKat shape mark is old news - Joined Cases C‑84/17 P, C‑85/17 P and C‑95/17 P Rumours of the mark’s death have been greatly exaggerated - it is now for the EUIPO to reconsider the evidence in light of the CJEU's ruling and reach a decision as to whether or not the mark is valid.Whilst the press… [read post]
27 Aug 2018, 3:11 pm
It was stated that the mark is a two-dimensional figurative mark that consists of a red coloured surface. [read post]
15 May 2020, 6:20 am
By Mark S. [read post]
17 Jul 2007, 6:00 am
"As to the goods, Andersen contended that they travel in the same channels of trade, are purchased by the same consumers, and "function as protective coverings for construction supplies. [read post]
General Court allows Danish fashion brand to register their crown logo despite objections from Rolex
4 Mar 2023, 1:57 am
Likelihood of confusion The Board of Appeal had found that clothing, footwear, and headgear covered by the contested mark were dissimilar to the jewelry and watches covered by the earlier marks due to the dissimilar characteristics and intended uses. [read post]
28 Nov 2018, 10:08 pm
The ACCC review The trade marks considered by the ACCC are application Nos. 1852559, 1852561, 1852562 and 1852563 (shown below), covering various plastics materials and products in Class 16: In its assessment of the certification rules, the ACCC considered how OxoPak’s certification scheme was intended to operate, and what quality or characteristic of the goods it was intended to certify. [read post]
