She is currently the Vice President of The Hong Kong Institute of Trade Marks Practitioners - a body with the aims of representing and encouraging cooperation between trade mark professionals in Hong Kong, and protecting the interests
of trade mark owners.
WIPO notes that the evolving domain name registration system is affecting the rights
of trade mark owners.
This serves to strike the delicate balance between the interests of the public and the right
of the trade mark owner to exclusively use the registered 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 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.
Not exact matches
THE movement against cybersquatting, the use
of trade marked names for websites which are not held by the
owner, is gaining momentum.
You agree not to display or use trademarks, product names, company names, logos, service
marks and / or
trade dress
of other
owners without the prior written permission
of such
owners.
All other
trade -
marks, service
marks or registered
trade -
marks are the property
of their respective
owners.
All other trademarks, product names, company names, logos, service
marks and / or
trade dress mentioned, displayed, cited or otherwise indicated on this website are the property
of their respective
owners.
All product and service
marks are the
trade marks of their respective
owners.
Other names and logos appearing on or in connection with the Website may be registered or unregistered trademarks, official
marks, service
marks,
trade names and logos
of their respective
owners.
All other trademarks, service
marks and
trade names used on the Site are the property
of their respective
owners, and all
of the above trademarks may not be copied, downloaded or otherwise exploited without the permission
of RMG or the
owner of such trademark, service
mark or
trade name, except as explicitly permitted in these Terms
of Use.
CEO and
owner Mark Lansley will be speaking at IBWSS UK conference, while Master
of Wine Dr. Arabella Woodrow and other members
of the Broadland's team will be available to discuss how companies in the UK On
Trade and Off
Trade can take advantage
of bulk wine to grow sales, profitability, and the value for money offered to consumers through the UK packed exclusive labels.
Other product and company names may be
trade or service
marks of their respective
owners.
One
of the objects
of the
Trade Marks Bill, now wending its way through Parliament, is to make it easier for owners of trademarks to prevent shops selling goods that carry counterfeit m
Marks Bill, now wending its way through Parliament, is to make it easier for
owners of trademarks to prevent shops selling goods that carry counterfeit
marksmarks.
All brand names and product names used on this website are
trade names, service
marks, trademarks, or registered trademarks
of their respective
owners.
All other trademarks, service
marks, and
trade names are the property
of their respective
owners.
CashFlow Option Loan, Flex 5 Home Loan, and all other
trade / service
marks are the property
of of their respective
owners.
All other
trade -
marks, service
marks or registered
trade -
marks are the property
of their respective
owners.
All
trade -
marks are the property
of their respective
owners.
All other trademarks, service
marks, logos, slogans, domain names, and
trade names are the property
of their respective
owners and are licensed to, or otherwise used with permission by, PetSmart Charities.
The trademarks, service
marks,
trade names, domain names and logos («Trademarks») displayed on this Web site are either pending, registered or unregistered Trademarks
of Treat Planet, LLC or their respective
owners.
All other
trade marks appearing on our Site (s) are the property
of their respective
owners.
All third party
trade names and
trade marks are the property
of their respective
owners and Double Eleven makes no warranty or representation in relation to them.
© 2018 / All trademarks, service
marks,
trade names, product names, and logos appearing on this site are property
of their respective
owners.
Prior jurisprudence holds that the rights granted to the
owners of such «official
marks» are distinct from the usual rights granted to trademark
owners, and depend on whether the
mark used by the defendant is «likely to be mistaken for» the official
mark, as opposed to the passing - off analysis which depends on whether or not there is a «likelihood
of confusion» and involves a consideration
of the goods and services, channels
of trade and public recognition
of the respective
marks involved.
«We have seen a surge in high profile
trade mark infringement cases involving UK brewers, notably the estate
of Elvis Presley's successful claim against BrewDog over the Scottish brewer's «Elvis Juice» beer and in turn BrewDog's successful claim against the
owner of the «Draft Punk» pub in Leeds for breaching the
trade mark of BrewDog's flagship beer «Punk IPA».
The lesson for
owners of registered
trade - marks is to ensure that they take correspondence from the Trade - marks Office serio
trade -
marks is to ensure that they take correspondence from the
Trade - marks Office serio
Trade -
marks Office seriously.
This article gives an overview
of some
of the similarities and differences between Canadian and US
trade -
mark practice so brand
owners can structure their affairs accordingly when managing a cross-border
trade -
mark portfolio.
In this case the Registrar
of Trade -
marks, at the request
of the respondent law firm, mailed a letter by Express Post to the registered
owner.
Assisted in successfully bringing IPEC proceedings (settled in favour
of the claimant) against a UK infringer on behalf
of US lawyers acting for the US
owner of a world famous
trade mark relating to beauty pageants.
Upon receipt
of such a notice the registered
owner has 3 months to provide an affidavit or statutory declaration showing, with respect to each
of the wares or services specified in the registration, whether the
trade -
mark was in use during Canada at any time in the previous three years and, if not, the date when it was last used and the reason why it has not been used since.
At the interlocutory stage in the O2 case, the High Court said that s 10 (6) effectively had to be interpreted to give a
trade mark owner a remedy only where the comparative advertising fell outside
of the CAD.
If the opinion
of Advocate General Mengozzi is adopted by the ECJ it will be a step backward for brand protection as
trade mark owners will, effectively, be unable to instigate legal proceedings for
trade mark infringement in relation to comparative advertisements regardless
of whether the rival advertiser uses the same or similar image (no matter how distorted)
of the registered
trade mark.
Further, a US
trade -
mark owner must file an affidavit
of use between the fifth and sixth anniversary
of the date
of registration.
In Canada, any use
of a
trade -
mark, including a party related to the
trade -
mark owner such as a corporate parent or subsidiary, must be formally licensed with the
trade -
mark owner having direct or indirect control over the quality or character
of the licensed wares and / or services.
Knowing the similarities and differences between Canadian and American
trade -
mark laws can assist brand
owners in effective
trade -
mark portfolio management on both sides
of the border.
Canadian brand
owners who wish to protect their
trade -
marks in the US should not assume that the
trade -
mark laws south
of the border are identical to Canada's.
Nothing contained on this website shall be construed as granting any licence or right to use any
Trade Mark displayed on this website without the written permission
of the relevant
Trade Mark owner.
This leaves a feeling that you know the internal problems a
trade mark owner faces, such as budget restraints, constant audits, advising on filing and defence strategy, gap filling as new markets become
of interest, or brand extension when new product ranges or services are introduced under an existing
mark, and prioritising work in general.
If there is a risk that the use
of «Pan Galactic Gargle Blaster» can cause confusion in the consumer that the product is in some way related to, produced by or endorsed by the
owners of the IP (the
owners) in The Hitchhiker's Guide to the Galaxy when it isn't then this is a
trade mark infringement.
If there was extra administration, such as form filling or fee paying, it could lead to a huge work load for not only practitioners but also the
trade mark owners themselves, and
of course the UKIPO.
This can leave the
trade mark owner vulnerable to a challenge by a third party to their
mark on the basis
of non-use and they could actually lose their rights.
This led to clutter on the register, and more uncertainty and cost for
trade mark owners, who would have difficulty in clearing
marks for use and registration in 28 states, only to have to face expensive litigation against prior
marks, where use
of those
marks in the relevant fields was questionable.
Does it make a difference to the answer if the person who wants to post a link wants to identify the site in part by the use
of the principal
trade mark (or logo, more likely) registered by the
owner of the site?
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.
20 (1) The right
of the
owner of a registered
trade -
mark to its exclusive use is deemed to be infringed by any person who is not entitled to its use under this Act and who
The claimants (together «Cartier»), are the
owners of trade marks for CARTIER and MONTBLANC (used for luxury watches and pens respectively).
A
trade mark owner can not stop a rival using an identical or similar sign in a comparative advertisement where the use is not likely to confuse the public, the European Court
of Justice (ECJ) has ruled.
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).