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2 Jan 2015, 2:02 am
It is solely when the marks' other figurative and/or elements are similar that there will be a likelihood of confusion if the overall impression produced by the marks is highly similar or identical.CONCLUSIONSAlthough the likelihood of confusion is to be assessed on a case-by-case basis and appreciated globally, taking into account all factors relevant to the circumstances of the case, as point out in the 11threcital of Trade Mark Directive 2008/95 and in the… [read post]
22 Aug 2011, 12:34 pm
The United States Patent and Trademark Office (“USPTO”) uses a field code called “Pseudo Mark. [read post]
18 Apr 2013, 9:41 am
a trade mark is being used in such a way as to preserve the rights attached to it if it is used only together with another mark, the public sees independent signs in the two marks and, in addition, both marks are registered together as a trade mark? [read post]
26 Nov 2010, 8:24 am
In November 2010, the year that marks the centenary of Twain's death, UC Press has issued the first volume of a complete three-volume critical edition of the autobiography, edited by the staff of the Mark Twain Project. [read post]
3 May 2007, 4:24 pm
Winzenburg, Leff, Purvis & Payne is proud to announce that partner Mark K. [read post]
22 Aug 2013, 3:00 pm
By contrast, in the trade mark world in the European Union, the Court of Justice has been following the regressive trend of refusing protection for 3D trade marks. [read post]
26 Sep 2017, 6:51 am
In particular, the regulation governing use of the certification mark shall specify the following: • The list of goods and services of an EU certification mark;• The persons authorised to use the mark;• The characteristics to be certified by the mark;• How the certifying body is to test those characteristics and to supervise the use of the mark; • The conditions of use of the mark, including sanctions. [read post]
26 Aug 2010, 6:00 am
False marks may also deter scientific research when an inventor sees a mark and decides to forego continued research to avoid possible infringement. [read post]
15 Mar 2011, 1:18 pm
Over 1,000 false marking lawsuits have been filed in the past two years. [read post]
28 Mar 2022, 2:17 am
Trade mark ownership is an important consideration for any business. [read post]
28 Mar 2022, 2:17 am
Trade mark ownership is an important consideration for any business. [read post]
12 Jun 2016, 9:59 pm
Is virtual marking an effective and useful option here? [read post]
11 Sep 2009, 1:48 am
Julian Lee, in the Age yesterday, reported on the concerns of “marketers” about how hard Australian regulators are making it to register a shape as a trade mark, in the wake of: last month’s ruling by Sundberg J against Guylian’s sea-horse shaped chocolate; and the commencement of Nestle’s appeal against Aldi’s successful opposition to registration of the shape of a Kit Kat bar as a trade mark (BDW discussed the decision… [read post]
2 Feb 2012, 2:10 am
A mark will be deemed to function as a service mark "only if purchasers will directly associate the asserted mark with the services in question. [read post]
24 Apr 2012, 3:40 am
For trade marks, however, the matter is not so straightforward. [read post]
9 Oct 2013, 11:56 am
And whether the design is used as a trade mark should be determined by the relation of the products, the situation of the use of the trade mark (position, size, etc. of the trade mark on the products), the fame of the trademark, the user intention and the background of the use of the trade mark, etc.b) Facts of this subjectThe plaintiff has the Korean trade mark rights of the following marks (hereinafter "Plaintiff Marks"):The plaintiff… [read post]
18 Apr 2023, 7:52 am
Does it amount to trade mark infringement? [read post]
16 Sep 2009, 4:22 pm
Mark Sanchez NFL Rookie of the Week. [read post]
27 Oct 2011, 10:08 pm
.), Cabela's counterclaimed that Seirus had engaged in patent false marking. [read post]
19 Mar 2010, 5:41 am
"Though [plaintiff] does not allege that [defendant] marked the Website itself as being patented, it nonetheless asserts that [defendant] indirectly marked the site by claiming that Dynamic Firewall was patented. [read post]
