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20 Feb 2011, 3:50 pm
What you register as a trade mark should fit within what we call your overall brand architecture. [read post]
14 Feb 2011, 2:58 pm
The chart provides information on dates, names of false marking plaintiffs, and overall settlement amounts. [read post]
2 Jan 2015, 2:02 am
Consequently, establishing that one or more shared components of the conflicting marks have no or weak distinctive character is a fundamental part of the overall assessment of the likelihood of confusion. [read post]
16 Apr 2010, 8:03 am
The court set plaintiff's fine for false marking at $0.35/unit. [read post]
23 Mar 2016, 3:34 am
"The conspicuous griffin in the center of Respondent’s mark and the smaller griffin in Petitioner’s marks are so dissimilar in appearance, as are the marks overall, that the fact that both include a griffin design is an insufficient basis upon which to find likely confusion. [read post]
8 Jan 2020, 3:45 am
The overall similarities in sound, connotation, and commercial impression between the marks outweigh their visual differences. [read post]
19 Jan 2017, 4:10 am
Because two of the stripes in applicant's mark are not connected to the perpendicular element, "the overall impression of Applicant's mark is one of three stripes, rather than the letter 'E.' The perpendicular element "does not distinguish the parties' respective marks in a significant manner. [read post]
20 Apr 2015, 9:13 pm
The German Federal Supreme Court (Bundesgerichtshof) recently had to decide on the legality of a trade mark parody that 'in its overall impression' was based on an earlier well-known trade mark; (decision of 2 April 2015 - I ZR 59/13 - Springender Pudel).The oriignalThe claimant was the leading sports article manufacturer Puma, who owns the well-known German word-device trade mark for the word element "PUMA" combined with the outline of a… [read post]
8 Mar 2011, 2:14 am
It's such hot stuff that it comes with not one but two disclaimers: "Notice: This study, by the Max Planck Institute, is a contribution to European Commission’s overall evaluation of the functioning of the trade mark system in Europe. [read post]
6 Mar 2019, 12:00 am
Overall the marks produce impressions which are dissimilar on a visual level and the Board of Appeal was therefore wrong to consider, in the contested decision, that there was a low degree of visual similarity between them.Conceptual Similarity - Are Apples and Pears Conceptually Similar? [read post]
19 Sep 2010, 5:14 am
The TTAB found the marks “confusingly similar in sound, appearance, connotation and overall commercial impression. [read post]
12 Feb 2015, 2:00 am
As part of the address’ overall theme to “lift every voice”, the Speaker announced […] [read post]
4 Jan 2013, 10:23 am
Mark Caruso was recognized by Martindale-Hubbell as an excellent personal injury attorney for his Quality of Service, Overall Value, Responsiveness and Communication Ability. [read post]
27 Sep 2011, 3:30 am
” In fact, the overall amount the US “spent on healthcare nearly doubled from 1999 to 2009, from $1.3 trillion to $2.5 trillion, and 2009 marked the largest one-year jump in health spending as a percentage of the gross domestic product, the authors said. [read post]
22 Aug 2013, 3:00 pm
However, without any trade mark rights to enforce against competitors, the producer of a distinctive 3D form cannot prevent competitors from using that shape, thereby rendering any promotional/marketing efforts by the owner of the unique product shape to distinguish their 3D form ineffective, diluting the chances that consumers will ultimately recognize that form as a designation of origin, and overall dissuading innovative companies from investing and protecting their original… [read post]
8 Jul 2012, 9:30 pm
The Principles- Likelihood of ConfusionAs summarised by the UKIPO, are as follows: (a) the likelihood of confusion must be appreciated globally, taking account of all relevant factors; (b) the matter must be judged through the eyes of the average consumer of the goods/ services in question; who is deemed to be reasonably well informed and reasonably circumspect and observant - but who rarely has the chance to make direct comparisons between marks and must instead rely upon the imperfect… [read post]
15 Jan 2010, 2:34 am
One minute ago, at exactly 3pm Central European Time, corresponding to 2pm in snowy old England, the Office for Harmonisation in the Internal Market published its Contribution to the Study on the Overall Functioning of the Trade Mark System in Europe. [read post]
30 Mar 2011, 5:39 am
Perhaps one for its overall name, and others for their individual products. [read post]
18 Feb 2015, 8:49 am
The significance of this ruling is that the Supreme Court stated that the Court of Appeal of Bari only undertook an analytical examination of the competing marks’ components, affirming their identity and similarity, but omitted to carry out the appropriate overall assessment on the likelihood of confusion, taking into accouivnt the fact that the average consumer only rarely has the chance to directly compare the marks. [read post]
11 Mar 2015, 2:54 am
In the Second Circuit, courts “look to the overall impression created by the logos and the context in which they are found and consider the totality of the factors” which could cause confusion, Gruner + Jahr USA Publ’g v Meredith Corp(2nd Circ. 2013). [read post]
