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28 Jan 2020, 5:41 am
This was the challenge that Hästens faced when it tried (and failed) to register a figurative mark consisting of a chequered gingham pattern. [read post]
9 Nov 2021, 12:39 am
This attempt failed over several instances (respectively the Examination Division of EUIPO, the First Board of Appeal, and the General Court), on the ground that the mark was deemed to be devoid of any distinctive character (within the meaning of article 4.1(b) TMD). [read post]
3 Apr 2023, 9:40 am
Any candidates who have failed their examination and are not content that their examinations were marked accurately are able to request a Review of Marking here. [read post]
2 Aug 2017, 7:31 am
The Board sustained these consolidated oppositions to registration of STILL SPOONING for "Custom imprinting of flatware and fishing lures" and for "On-line retail store services featuring a wide variety of consumer goods," finding that the term fails to function as a service mark. [read post]
18 Apr 2023, 4:26 am
Any candidates who have failed their examination and are not content that their examinations were marked accurately are able to request a Review of Marking here. [read post]
7 May 2009, 10:36 am
., an appeal from an earlier decision by the Registrar of Trade-marks that had found no likelihood of confusion between the Farleyco mark GHOULISH GLAMOUR for Halloween cosmetics and eyelash accessories and the Advance mark GLAMOUR used in association with magazines and related products and services. [read post]
27 Dec 2017, 9:12 am
The Board affirmed a refusal to register the applied-for mark DESIGNED WITH YOU IN MIND under Sections 1, 2, 3, and 45 of the Trademark Act, finding that the phrase is a "common informational message that fails to function as a service mark" for "wholesale distributorship services featuring consumer goods, namely, floor covering such as rugs and mats, flooring material such as laminates, bedding linens, animal beds, and bathroom accessories. [read post]
12 Jan 2012, 8:05 am
Mark Fenster (University of Florida - Fredric G. [read post]
7 Mar 2018, 3:23 am
Playboy Enterprises failed to pull a rabbit out of its hat in this appeal from a Section 2(d) refusal of the mark shown below, for various entertainment services including video game-related services. [read post]
27 Aug 2010, 2:56 pm
While [plaintiff] need not have alleged that marking the patented products is physically impossible, it has failed to identify a fact issue with respect to any limitation, physical or otherwise, that presents a reasonable consideration warranting the marking of the product packaging instead. [read post]
14 Feb 2019, 4:29 am
WRONG ANSWER, finding that it fails to function as a mark for trivia website services. [read post]
11 Oct 2012, 12:16 pm
To the extent the Court found the mark generic, then THE SCOOTER STORE is indeed UnIntellectual Property. [read post]
27 Sep 2010, 8:49 am
The court granted defendant's motion to dismiss plaintiff's qui tam false marking action for failing to meet the heightened pleading standard of Rule 9(b) with respect to intent to deceive. [read post]
3 Apr 2019, 9:55 am
No appeal to renew that application was filed, so this ground failed. [read post]
16 Aug 2010, 4:25 pm
The other two opponents could not rely on the evidence filed by the Cheese Council and therefore, given the Court’s finding on the other issue, their oppositions failed with the appropriate cost consequences. [read post]
23 Oct 2018, 3:11 am
The Board affirmed a refusal to register OUR LAWYERS ARE DOCTORS for legal services, finding that the phrase fails to function as a service mark and, alternatively, is merely descriptive of the services. [read post]
5 Mar 2014, 3:26 am
[Texas Observer, Houston Chronicle, earlier] Tweet Tags: Mark Lanier, politics, Texas, wayward RepublicansTexas: a ploy fails is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
5 Jan 2010, 8:08 pm
Section 287(a) of the Patent Act states that a patent owner who fails to mark its products can only collect damages for infringement if the infringer was notified of the infringement and continued to infringe anyway. [read post]
6 Jul 2007, 4:05 am
Opposer Peace Mountain's Section 2(d) opposition to registration of the mark QUENCH HOLLYWOOD MIRACLE DIET WATER went right down the drain when Opposer failed to submit any evidence prior to the close of its testimony period. [read post]
17 Nov 2009, 1:04 am
With respect, the applicants’ submissions fail to grapple with the critical question whether the bare trade marks would be readily convertible into cash by sale to satisfy an adverse order for costs. [read post]
