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16 Nov 2009, 12:12 pm
The Supreme Court has refused to hear the appeal of a group of Native Americans challenging the WASHINGTON REDSKINS mark on the grounds that the mark “may disparage … persons, living or dead, … or bring them into contempt, or disrepute. [read post]
7 Dec 2010, 2:30 am
"Again, this screenshot is a "display associated with the goods" and may suffice as a trademark specimen [it includes a link labeled "shop now], but it is not a proper service mark specimen. [read post]
4 Sep 2023, 9:02 am
Although the sign may be perceived as positive, it takes advantage of a tragedy for commercial purposes. [read post]
17 May 2012, 7:06 am
Joanna Kyriakakis, Justice after war: economic actors, economic crimes, and the moral imperative for accountability after war Mark A. [read post]
9 Jun 2023, 10:05 am
Trademark Office issued the following 190 trademark registrations to persons and businesses in Indiana in May 2023 based on applications filed by Indiana trademark attorneys: Reg. [read post]
30 Jul 2019, 12:58 pm
As such, it had failed to consider the specific feature of marks consisting of a combination of colours, which is not having contours.The CJEU judgmentAccording to the CJEU, it is clear from earlier case law that a sign may be registered as a mark only if the applicant provides a graphic representation in accordance with the requirements in Article 4 EUTMR, to the effect that the subject matter and scope of the protection sought are clearly and precisely determined. [read post]
28 Apr 2022, 2:55 am
The Board explained the several avenues by which an opposer may proffer its registrations, including by attaching status-and-title copies or current TSDR information to the original pleading or to a notice of reliance, or by appropriate identification and introduction during the taking of testimony. [read post]
27 Feb 2009, 11:27 am
It may even suspend mark to market rules. [read post]
26 Mar 2009, 3:00 am
" Accordingly, the Board held that the mark at issue here, "like the service mark in Two Pesos, is a form of trade dress which may be inherently distinctive. [read post]
16 Feb 2015, 4:00 pm
Additional Resources: Marks v. [read post]
6 Apr 2007, 4:00 am
" The parties' goods "may be stored in a garage" and may be used "by the same do-it-yourself consumers for maintenance and clean-up. [read post]
14 Jan 2021, 11:46 am
” In sum, the TMA adopts a number of reforms that curb abuse of the system by owners of illegitimate marks and better protect owners of legitimate marks. [read post]
14 Jan 2021, 11:46 am
” In sum, the TMA adopts a number of reforms that curb abuse of the system by owners of illegitimate marks and better protect owners of legitimate marks. [read post]
14 Jan 2021, 11:46 am
” In sum, the TMA adopts a number of reforms that curb abuse of the system by owners of illegitimate marks and better protect owners of legitimate marks. [read post]
8 Jul 2011, 8:05 am
Should the Court hold that the current false marking statute is unconstitutional, it may require Congress to revisit the amendments to that statute. [read post]
14 May 2010, 2:10 am
When descriptive words are presented in a distinctive design, "the design may render the mark as a whole registrable, provided that the words are disclaimed, under Section 6. [read post]
13 Mar 2020, 6:21 am
But the GC, in its determination, made several references to attractiveness: that the applicant had not “provided ... evidence capable of substantiating the fact that the use of the mark applied for would make its earlier trade marks “less attractive””; that “the fact that another economic agent may be authorised to use a mark including the word “Burlington”, for goods similar to those on sale in the… [read post]
26 May 2016, 4:12 am
" Crucially, none of the evidence showed that "ZERO" is a category of sports, energy, or soft drinks.Third-party registrations for marks with "ZERO" disclaimed did not prove genericness, since words that are merely descriptive may also be disclaimed. [read post]
27 Feb 2022, 11:30 pm
RetroKatAfter two sell-out years and two pandemic years, Retromark: the conference is back in the form of an afternoon of in-person trade mark law and practice hosted by Darren Meale of Simmons & Simmons and the IPKat on Tuesday 24 May (an earlier date was previously advertising, but we’ve pushed back owing to pandemic concerns). [read post]
24 Jul 2017, 9:20 am
Château Cheval Blanc advanced that, even marks relying place names may be refused or revoked if deceptive. [read post]