Sentences with phrase «genuine use of a mark»

In Sony v EUIPO, the General Court has annulled a decision of the Fourth Board of Appeal of the EUIPO finding that proof of genuine use of a mark had been adduced for «apparatus for the reproduction of sound and images».

Not exact matches

(vii) Use any meta - tags, pay - per - click advertising, or any other «hidden text» using our Site's name or marks, and you hereby stipulate that any use of the Site's name or marks, or any other marks owned by Us is an infringement upon our trademark rights, and you stipulate to make payment of liquidated damages of five thousand dollars ($ 5000) per such infringement as a genuine pre-estimate of the loss and damage that will be suffered by Us as a result of such infringement, plus you agree to pay any and all fees incurred in the recovery of this amount, including attorney's fees and all associated cosUse any meta - tags, pay - per - click advertising, or any other «hidden text» using our Site's name or marks, and you hereby stipulate that any use of the Site's name or marks, or any other marks owned by Us is an infringement upon our trademark rights, and you stipulate to make payment of liquidated damages of five thousand dollars ($ 5000) per such infringement as a genuine pre-estimate of the loss and damage that will be suffered by Us as a result of such infringement, plus you agree to pay any and all fees incurred in the recovery of this amount, including attorney's fees and all associated cosuse of the Site's name or marks, or any other marks owned by Us is an infringement upon our trademark rights, and you stipulate to make payment of liquidated damages of five thousand dollars ($ 5000) per such infringement as a genuine pre-estimate of the loss and damage that will be suffered by Us as a result of such infringement, plus you agree to pay any and all fees incurred in the recovery of this amount, including attorney's fees and all associated costs;

Hence we conclude that the presbyter is reporting a genuine tradition, namely of «Mark's» association with Peter and his recollection and writing down of certain things Peter had said in his preaching; and this is all the more probable in that (a) the presbyter uses the tradition to meet a current objection, and (b) he presses it a little too far — though not so far as Papias does — in meeting the objection.

However, this has not been the approach taken by the EU IPO, or indeed the UK IPO or English High Court2, which have preferred the multifactorial analysis approach taken in the 2012 CJEU decision of Leno3 where the CJEU stated that «territorial borders of the Member States should be disregarded in the assessment of whether a trade mark has been put to «genuine use in the Community»... taking account of all the relevant facts and circumstances, including the characteristics of the market concerned, the nature of the goods or services protected by the trade mark and the territorial extent and the scale of the use as well as its frequency and regularity».

At the moment, a brand owner may only be making genuine use of their EUTM in the UK which is likely to be sufficient to maintain their trade mark (depending on the circumstances of the use).

Taking this approach means that use of a trade mark in one Member State can be sufficient for genuine use if the particular facts and circumstances show the use is genuine.

In response to this act, we saw the need to implement an Intellectual Property management system, which included the protection of a seal used by the artist as service mark to cover copyright management, preparation of structure of powers between legal heirs to grant copyright licenses of use, preparation of certificates of authenticity for genuine works and authorised copies, and a notice in social networks to inform public about such copyright management.

The Trademark Office in this case stated that in order to raise a genuine issue of material fact as to its intent to use on a motion for summary judgment, an applicant must rely on specific facts that establish the «existence of an ability and willingness to use the mark in the United States to identify [the goods in the application] at the time of the filing of the application.»