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 searching and clearance of new trade marks, the filing and prosecution
of trade mark applications both in the UK and overseas
Not exact matches
The finding
of the Court
of Appeals for the District
of Columbia that the registration by plaintiff's predecessor
of the
trade -
mark had been fraudulently obtained, was based on the fact that in the
application for registration, it was stated that applicant's use
of the name «Tabasco» had been exclusive, whereas the testimony showed that several other manufacturers, during the preceding ten years, had, to its knowledge, used the word in connection with pepper sauce.
The
trade -
mark had been cancelled, first, on the ground that it could not be denominated a technical
trade -
mark, because it was a geographical name, and, second, on the ground that it was fraudulently obtained, the
application falsely stating it had been «in the actual and exclusive use
of defendants since 1868.»
The
Application, Services and Content are copyrighted works
of Showtime Networks and may contain trademarks, service
marks,
trade names, and other intellectual property
of Showtime Networks.
The Terms do not grant the User any right, title, interest, license (express or implied) to the App, any patent, trademark, service
mark, copyright,
trade secret or proprietary right associated with, on the part
of Auto & General, the Service, or, previous
applications or business methods
of Auto & General (or its affiliates) required or provided in connection with the Service (whether owned or licensed by Auto & General or its affiliates or a third party); or arising from Auto & General or its affiliates» research and development activities.
If we had not opposed Banner Saga's
trade mark application, it would be much easier for real copy cats to argue that their use
of «Saga» was legitimate.
We deal with the filing
of PCT National Phase patent
applications, litigious matters involving patent,
trade mark, design and copyright infringement, as well as drafting and prosecuting patents for our local clients.
The
application to register the
trade mark has apparently been in the court arena for the past 10 years, and following the recent decision
of the OHIM, the author's estate has issued a fresh
application, which now includes a sound file.
The
application which was made by the author's estate in respect
of the
trade mark registration described the yell as «consisting
of five distinct phases, namely sustain, followed by ululation, followed by sustain, but at a higher frequency, followed by ululation, followed by sustain and the starting frequency».
An
application made by the literary estate
of Tarzan author, Edgar Rice Burroughs, to register the famous Tarzan yell as a
trade mark has recently been rejected by the Office for Harmonization in the Internal Market (Trade Marks and Designs)(O
trade mark has recently been rejected by the Office for Harmonization in the Internal Market (
Trade Marks and Designs)(O
Trade Marks and Designs)(OHIM).
The above mentioned
application has been examined under the provisions
of Trade Mark Act, 1999 and Trade Mark Rules, 2002 and the trade mark applied for is open to objection under the following sect
Trade Mark Act, 1999 and Trade Mark Rules, 2002 and the trade mark applied for is open to objection under the following secti
Mark Act, 1999 and
Trade Mark Rules, 2002 and the trade mark applied for is open to objection under the following sect
Trade Mark Rules, 2002 and the trade mark applied for is open to objection under the following secti
Mark Rules, 2002 and the
trade mark applied for is open to objection under the following sect
trade mark applied for is open to objection under the following secti
mark applied for is open to objection under the following sections:
In the US, specimens
of use must be filed when registering and renewing a
trade -
mark application.
Under the Convention, if a Canadian applicant files its
trade -
mark application in the US within six (6) months
of the Canadian
application's filing date, the filing date
of the US
application is deemed to be the same as the Canadian's
application's filing date.
US
trade -
mark applications can be filed claiming wares and / or services on one or more
of: (a) intent to use the
mark (ITU); (b) prior use
of the
mark in the US; or (c) an existing foreign registration.
Existing EUTM registrations being entered onto the UK
trade mark register (with the same registration date and, where applicable, priority and seniority) by way
of a simple
application by the owner.
The government
of Monaco has been left rueing its own success, after the European Union's General Court refused its
application to
trade mark «MONACO...
Specifically, the firm took issue with
Trade Mark Direct's website claiming that it was the «UK's No. 1 Trade Mark Service», «the UK's leading trade mark advice and registration company» and «the no. 1 firm in the UK», as well as a statement on the site which stated: «We file and register more UK trade mark applications than any other firm as we have done in each of the last 3 y
Trade Mark Direct's website claiming that it was the «UK's No. 1 Trade Mark Service», «the UK's leading trade mark advice and registration company» and «the no. 1 firm in the UK», as well as a statement on the site which stated: «We file and register more UK trade mark applications than any other firm as we have done in each of the last 3 ye
Mark Direct's website claiming that it was the «UK's No. 1
Trade Mark Service», «the UK's leading trade mark advice and registration company» and «the no. 1 firm in the UK», as well as a statement on the site which stated: «We file and register more UK trade mark applications than any other firm as we have done in each of the last 3 y
Trade Mark Service», «the UK's leading trade mark advice and registration company» and «the no. 1 firm in the UK», as well as a statement on the site which stated: «We file and register more UK trade mark applications than any other firm as we have done in each of the last 3 ye
Mark Service», «the UK's leading
trade mark advice and registration company» and «the no. 1 firm in the UK», as well as a statement on the site which stated: «We file and register more UK trade mark applications than any other firm as we have done in each of the last 3 y
trade mark advice and registration company» and «the no. 1 firm in the UK», as well as a statement on the site which stated: «We file and register more UK trade mark applications than any other firm as we have done in each of the last 3 ye
mark advice and registration company» and «the no. 1 firm in the UK», as well as a statement on the site which stated: «We file and register more UK
trade mark applications than any other firm as we have done in each of the last 3 y
trade mark applications than any other firm as we have done in each of the last 3 ye
mark applications than any other firm as we have done in each
of the last 3 years.
We provide and implement strategic advice on a wide range
of IP issues, and file more than 5,750 UK, European and international patent and
trade mark applications each year; in 2016 we filed the joint highest number
of European Patent
applications among all European Patent Attorney firms.
Victor's areas
of practice include patent drafting and prosecution, franchising,
trade -
mark,
trade secret, patent and copyright licensing and litigation, prosecuting
trade -
mark, copyright and industrial design
applications and
trade -
mark opposition proceedings.
äó cents Assistance with the preparation and drafting
of trade -
mark applications for the title
of the project Instead
of paying for legal fees on a project basis.
Vicki advises on a broad range
of contentious and non-contentious IP / IT matters including
trade mark applications, designs,
trade mark and copyright infringement and contractual issues.
While sifting through latest
trade mark applications filed in Russia (watching for particular trademark being filed — cause Russian Trademark squatters keep generating profit at the expense
of multinationals) I usually make notes
of what is being registered.
The team's client base includes a mix
of software, electronics, retail and pharmaceutical companies; recent work includes representing Groth & Co in negotiations with owners
of similar
trade marks, and acting for an individual entrepreneur in a registration
application before the Russian Patent & Trademark 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 protec
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 protect
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 protec
trade mark protection by filing and prosecuting UK applications, European Union Trade Mark applications, covering the EU, and Madrid Protocol applications, for international protect
mark protection by filing and prosecuting UK
applications, European Union
Trade Mark applications, covering the EU, and Madrid Protocol applications, for international protec
Trade Mark applications, covering the EU, and Madrid Protocol applications, for international protect
Mark applications, covering the EU, and Madrid Protocol
applications, for international protection.
Previously, the CIPO refused
applications for the registration
of sound
marks on the basis that s. 30 (h)
of the Trademarks Act requires that «unless the
application is for a word or words not depicted in a special form, a drawing
of the
trade -
mark and such number
of accurate representations
of the
trade -
mark as may be prescribed.»
A search
of the Canadian Intellectual Property Office
Trade -
Mark database reveals that WOW, alone and in phrases, shows up in 180
applications, variously approved, expunged, abandoned etc..
Clearly there will be downsides to the procedural changes: - UK
trade mark applications will now be able to proceed to full registration without having first to overcome latent threats to their validity, introducing the potential for increased disputes over the validity
of registered
marks, with associated costs implications.
In February 2006, the Patent Office — re-branded as the UK Intellectual Property Office (UK - IPO) after the Gowers Review
of Intellectual Property — began a consultation process to assess whether the practice
of examining new
trade mark applications for conflict with earlier and similar registered
marks should continue (see Relative Grounds for Refusal — The Way Forward).
A regulatory impact assessment prepared on behalf
of the Department
of Trade and Industry in May 2007 did, that around 15 % of new trade mark applications fail because of prior marks, equating to at least # 900,000 in lost
Trade and Industry in May 2007 did, that around 15 %
of new
trade mark applications fail because of prior marks, equating to at least # 900,000 in lost
trade mark applications fail because
of prior
marks, equating to at least # 900,000 in lost fees.
This means that an
application will fail at the first hurdle due to an inherent lack
of distinctiveness, or else from the deficiency
of another
of the exacting requirements which must be met for a
mark to qualify for registered protection under the
Trade Marks Act 1994.
The new examination procedure will also give
trade mark applicants the opportunity to decide whether or not to proceed with their
application in the face
of potential opposition at the publication stage, amend the existing specification to avoid a conflict, or else withdraw it altogether.
The refusal
of an
application on what are known as the relative grounds following scrutiny by a
Trade Marks Registry examiner, is a feature
of the existing statutory framework that intellectual property (IP) practitioners across the UK have come to know intimately.
What it will do is notify them if the owner
of a new, potentially conflicting
application has chosen to proceed to the next stage
of the registration process, ie the three - month publication
of the
mark in the online
Trade Marks Journal.
For the purposes
of this Agreement, «Intellectual Property Rights» means all patent rights, copyright rights, mask work rights, moral rights, rights
of publicity, trademark,
trade dress and service
mark rights, goodwill,
trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all
applications therefore and registrations, renewals and extensions thereof, under the laws
of any state, country, territory or other jurisdiction.
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
All present and future rights in and to
trade secrets, patents, copyrights, trademarks, service
marks, know - how, and other proprietary rights
of any type under the laws
of any governmental authority, domestic or foreign, including without limitation rights in and to all
applications and registrations relating to the Services shall, as between you and How - To Geek, at all times be and remain the sole and exclusive property
of How - To Geek.