Sentences with phrase «of trade mark»

A thorough knowledge of trade mark law and practice, as well as excellent communication skills and commercial awareness, are attributes you'll need to qualify as a registered trade mark attorney.

An intellectual property strategy unveiled in Canada includes a provision aimed at preventing the rise of trade mark trolls, in response to soaring all - class applications

Our well - established team of trade mark experts helps our oil & gas sector clients to protect their trade marks, in the UK, the EU and internationally where required.

Google will be liable for infringement if it does not act quickly to stop the misuse of trade mark

This week's summaries concern: Disability insurance / Expungement of trade mark / Real property boundary / Requirement of leave to appeal:

Assuming the logos are trade marks, the purpose of a trade mark is to distinguish that businesses goods or services from another businesses.

Providing that the use of the trade mark is such that a reasonable person would not be confused about that and providing further that there is no confusion that the owner of the trade mark is not endorsing what is said if they are not then such use is OK.

Experience shows that applicants for shapes, colours etc. have faced difficulties in demonstrating that these signs are capable of fulfilling the essential function of a trade mark, i.e. being a badge of origin, or that they have the necessary distinctiveness.

Simon Miles and Karen Lee have an excellent knowledge of trade mark law and provide sound, practical advice.

Has chaired the International Conference of the Institute of Trade Mark Attorneys on a number of occasions

Beautimatic International Limited v Mitchell International Pharmaceuticals Limited (UK High Court)[2000] F.S.R. 267 (trade mark infringement action clarifying the law on when there is use of a trade mark on packaging in the UK).

ITMA is a professional membership organisation which represents the interests of the trade mark and design profession, primarily in the United Kingdom but also internationally.

GBLP assisted Kimberly Clark with trade mark licensing and registration of trade mark licence agreements with the Russian Intellectual Property Office.

Our large, well - established team of trade mark experts helps our retail clients to secure trade mark protection by filing and prosecuting UK applications, European Union Trade Mark applications, covering the EU, and Madrid Protocol applications, for international protection.

Work highlights Assisted Orange with a dispute related to an early termination of trade mark rights.

Philippa is a Trade Mark Attorney on the UK register of Trade Mark Attorneys, and a European Trade Mark Attorney practising before OHIM (the European trade marks office based in Alicante, Spain).

She is also a member of the Institute of Trade Mark Attorneys.

She was an examiner in trade mark law for entry on to the register of trade mark attorneys, for many years, and is now an examiner in law for entry on to the register of patent attorneys.

To register a domain name successfully, it must comply with the definition of a trade mark as set out in TMA 1994, s 1 (1) «being a sign capable of being represented graphically, capable of distinguishing goods or services of one undertaking from those of another undertaking».

A domain name may be protected by registering it as a trade mark, provided it satisfies the usual criteria for registration under the Trade Marks Act 1994 (TMA 1994), which to a great extent also mirrors the registerability provisions of the Trade Mark Regulation 40 / 94 / EC and the Trade Mark Directive 89 / 104 / EEC.

The ECJ summarised by ruling that, where a licensee puts luxury goods on the market in contravention of a provision in a licence agreement but must nevertheless be considered to have done so with the consent of the trade mark owner, the proprietor of the trade mark can rely on such a provision to oppose a resale of those goods on the basis of Art 7 (2) of the Trade Marks Directive only if it can be established that, taking into account the particular circumstances of the case, such resale damages the reputation of the trade mark.

However, the ECJ stated that the licence agreement does not necessarily constitute the absolute and unconditional consent of the trade mark owner to the licensee putting the goods bearing the trade mark on the market.

The ECJ noted that, as a general rule, a licensee who puts goods bearing the mark on the market must be considered to be doing so with the consent of the proprietor of the trade mark.

The registration of a trade mark operates to protect the mark's proprietor against unfair competition, via enforcement procedures and remedies for infringement.

WIPO notes that the evolving domain name registration system is affecting the rights of trade mark owners.

«A person infringes a registered Trade Mark if he uses in the course of trade a sign which (a) is identical with or similar to the Trade Mark and (b) is used in relation to goods or services which are not similar to those for which the Trade Mark is registered, where the Trade Mark has a reputation in the United Kingdom, and the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the Trade Mark.»

Section 9 (1) provides that «the proprietor of a registered Trade Mark has exclusive rights in the Trade Mark which are infringed by use of the Trade Mark in the United Kingdom without his consent».

Our telecoms clients benefit from sound advice on securing and enforcing trade mark rights from our well - established team of trade mark attorneys.

Acted for The Co-operative Group Ltd in relation to allegations of trade mark infringement and passing off in relation to a third party's use of the mark «coop»

Congratulations to Kate O'Rourke MBE who has been unanimously elected as the new President of The Institute of Trade Mark Attorneys (ITMA) on the 19 April 2016.

Assisting Virgin's in house team with their IP needs, including advising on issues of trade mark infringement, passing off, company name disputes and domain disputes, as well as providing non-contentious advice on matters such as licensing arrangements.

She is a member of the Licensing Executives Society International, the Chartered Institute of Trade Mark Attorneys and IPSoc (a society for junior IP practitioners).

She advises on the full range of trade mark and unfair competition law matters, including contentious aspects relating to trade mark infringement.

We've been gathering data for our very own inhouse database of trade mark applications filed with Russian Patent Office, and while doing manual double checking of all entries for consistency, I've been making notes of trade marks which catched my attention — these being mostly by foreign applicants and attempts to infringe on well known -LSB-...]

The ASA ruled on the allegedly misleading marketing of Trade Mark Direct this week following a complaint by IP law firm Stobbs IP.

Our trade mark practice assists clients in a wide range of trade mark and brand related issues, including advice in connection with copyright and other IP - related areas.

His practice areas and experience cover commercial intellectual property advice, IP litigation, advertising law and litigation, advice on drafting and / or negotiation of information technology agreements on seller or buyer side, and advice on the protection and enforcement of trade mark, patent, copyright and industrial designs.

The searching and clearance of new trade marks, the filing and prosecution of trade mark applications both in the UK and overseas

We are also offer a dedicated in - house trade mark filing practice, supported by a team of specialised trade mark personnel, who are able to advise on all aspects of the protection, maintenance and enforcement of trade mark and design rights, as well as domain issues.

Dealing with any third party trade mark disputes (e.g. trade mark oppositions / cancellation actions) and the renewal of trade mark registrations and other maintenance issues

A small number of our lawyers are regulated by other professional legal bodies including The Bar Standards Board, the Institute of Trade Mark Attorneys, and in the case of lawyers admitted in other jurisdictions, the relevant regulatory body of their place of admission.

44 In this case, the Board of Appeal's reasoning rejecting the argument based on the allegedly descriptive character of the «doughnuts» element of the trade mark was sufficient to enable the applicant to understand the reasons that had led the Board of Appeal to adopt the contested decision and to enable the Court to exercise its power of review.

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.

The Court of Appeal found that in the Worcester area, Mr Shah would indeed have been able to prevent the use of the trade mark, because he had developed his own goodwill in it and the Court of Appeal went on to decide that the Caspian trade mark had been invalidly registered.

Advised GSK on a number of trade mark matters including a multi-jurisdictional dispute relating to the colour of its global blockbuster inhaler product, Seretide.

Further, by virtue of Section 5 (4) of the TMA, a trade mark shall not be registered if, by a passing off action, the owner of an unregistered trade mark, would be entitled to prevent the use of the trade mark.

Notwithstanding, Lush could not register a trade mark as they are not the original user of the trade mark.

Certification marks are now allowable — these indicate that goods and services possess certain characteristics, rather than their trade mark origin (which is the normal basis of trade mark protection, i.e. being a sign of origin of a particular product or service from a particular source).

Maduro said: «The question, as put to the court, is whether the use of a keyword which corresponds to a trade mark can, in itself, be regarded as a use of that trade mark which is subject to the consent of its proprietor.»

Representing an international broadcaster on a range of trade mark protection and enforcement matters, including a wide - ranging dispute with a company trading in the UK and Europe.