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12 Jan 2020, 2:52 pm
Can a trade mark proprietor oppose resale of goods carrying the trade mark after they have been repaired by a third party not licensed to use the trade mark? [read post]
3 Dec 2013, 6:11 am
Judge Stanton wrote that marks on the supplemental register are entitled to protection under the Lanham Act if "mares are entitled to protection under common law -- that is, if . . . the marks are sufficiently distinctive to distinguish the goods from the goods of others." [read post]
28 Nov 2016, 5:00 am
Bill C-30 has now proposed amendments which will impact not only the use but also the registration of GIs. [read post]
26 Sep 2023, 9:24 am
EU trade mark law knows three kinds of trade marks: individual marks, collective marks (Art. 74 EUTMR) and certification marks (Art. 83 EUTMR): An individual trade mark distinguishes the goods and services offered under the mark from those of other undertakings. [read post]
24 May 2009, 8:54 am
In RG 07/11365 L'Oréal SA c eBay France SA in which the Tribunal de Grande Instance of Paris dismissed trade mark infringement claims by L'Oréal against eBay for providing an on-line market for counterfeit goods on 13 May 2009. [read post]
7 Jan 2020, 1:58 am
All the relevant facts and circumstances must be taken into account in determining whether there is real commercial exploitation of the mark, including: (a) whether such use is viewed as warranted in the economic sector concerned to maintain or create a share in the market for the goods and services in question; (b) the nature of the goods or services; (c) the characteristics of the market concerned; (d) the scale and frequency of use of the mark;… [read post]
20 May 2021, 7:04 am
As set out in Art. 58(1)(c) EUTMR, the trade mark as such must be "liable to mislead the public". [read post]
16 Apr 2015, 3:18 pm
” Further, in Case C-17/06 Céline Sarl v Céline SA the CJEU elaborated on what must be determined in assessing ‘honest use’ under the ‘own name’ defence: “…account must be taken first of the extent to which the use of its name is understood by the relevant public, or at least a significant section of that public, as indicating a link between its goods or services and … a person authorised to… [read post]
11 Jun 2014, 8:57 am
Once attained, official mark status prevents other parties from adopting, using or registering the same or a very similar mark in association with any wares (goods) or services, unless the public authority consents. [read post]
18 Apr 2013, 9:41 am
In each cases, as we know from Case C‑353/03 Nestlé, it's only necessary to show that, in consequence of such use, the relevant class of persons actually perceives the goods or service, designated exclusively by that mark, as originating from a given undertaking. [read post]
11 Aug 2015, 3:23 am
For good measure, the Board also affirmed three other refusals of the applied-for mark, upholding requirements for 1) a product configuration drawing that depicts Applicant’s mark in the drawing to include broken or dotted lines to show the position of the mark on goods or container as required by 37 CFR 2.52(b)(4); 2) a “clear and concise description of the mark” that a) indicates the mark is a three-dimensional… [read post]
29 Jan 2018, 2:46 am
"The Board declined to find that K-C's mark is famous or even strong, due to lack of evidence. [read post]
28 Nov 2017, 2:57 am
The moderator was IPKat’s own Eleonora Rosati (University of Southampton and JIPLP Co-Editor).The panel discussed at length the impact of the recent EU Trade Mark Regulation (EU 2015/2424): Gert Würtenberger and Marius Schneider highlighted the implications of Article 9(4) for goods in transit, whereby customs authorities will now be allowed to detain goods in transit bearing an identical/similar mark no matter where they are destined. [read post]
17 May 2019, 4:05 am
A consent is required only if the individual bearing the name in the mark will be associated with the mark as used on the goods or services, either because: (1) the person is so well known that the public would reasonably assume a connection between the person and the goods or services; or (2) the individual is publicly connected with the business in which the mark is used.* * * * * * * * * * * * Precedential No. 10: TTAB Dismisses Rare Section… [read post]
24 Jul 2013, 3:48 am
The Board agreed with the Examining Attorney that the literal portion of the applied-for mark "is the dominant portion because consumers will refer to applicant's goods using this portion of the mark." [read post]
20 Feb 2014, 6:54 am
Is it bad faith to apply for a trade mark you know your business associate is already using in the EU, albeit that he is only exporting goods under that mark? [read post]
5 Jun 2023, 12:45 am
Substantial shape means a shape that "gives substantial value to the product".According to the case law of the Court of Justice of the European Union (CJEU) a sign representing the shape of a product “is one of the signs capable of constituting a trade mark” if it can be represented in an appropriate manner and if it is suitable of distinguishing the goods or services of one undertaking from those of other undertakings (C-30/15 especially para 37;… [read post]
13 Dec 2010, 7:46 am
For good measure, Brown stated that there was nothing in Bill C-32 for writers. [read post]
15 Dec 2014, 7:54 am
The intention of Bill C-8 is to give the government and holders of trade-marks and copyrights new mechanisms for enforcement, along with substantial remedies, in order to combat counterfeit and black-market goods. [read post]
27 Sep 2016, 6:53 am
Rainmaker Q&A: Podhurst Orseck’s Steven Marks Steven C. [read post]
