Sentences with phrase «prior use of the mark»

If there is uncertainty about the prior use of the mark, a US application can be filed on an ITU basis and amended later to claim the prior use 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.
The TTAB found that PNC clearly established prior use of the mark, so Ashe's application to register the «SPENDOLOGY» trademark was refused.

Not exact matches

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.
In addition, the look and feel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Daily Harvest and may not be copied, imitated or used, in whole or in part, without our prior written permission.
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The names, trademarks, service marks and logos of AWEA appearing in the Materials may not be used in any advertising or publicity, or otherwise, to indicate AWEA's sponsorship or affiliation, without AWEA's prior express written permission.
Prior to that, cessation of heart and lung activity» a cardiopulmonary criterion» had been generally used to mark the point of death.
Even the passages (Mark 2:10, 28) which used to be interpreted of «Christ's human nature» or «man in general» are now recognized to belong with the others referring to «the Son of Man upon earth» prior to his death and glorification.
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MomsTEAM Institute, trademarks, service marks or registered trademarks of MomsTEAM Institute, Inc., and may not be copied, imitated, or used, in whole or in part, without MomsTEAM Institute's prior written permission or that of our suppliers or licensors.
While the headlines may have shifted to the bigger story of Assemblyman Vito Lopez's collapse and Speaker Sheldon Silver's prior efforts to shield him, Ms. Rivera's main opponent Mark Gjonaj is using his hefty campaign account to further press the case.
Users are not permitted to use any of these third party trademarks, logos and / or service marks without prior written consent from the respective rights holder.
Such marks may not be used without the prior written consent of South Moon Under.
You may not use these marks for any purpose without the express prior written consent of Humor Rainbow.
Your use of our Website does not constitute any right or license for you to use such service marks / trademarks, without the prior written permission of the corresponding service mark / trademark owner.
This update marks the first time that any The King of Fighters title has used modern, rollback netcode, with prior releases — including The King of Fighters XIV — still using variable input netcode.
Prior to meeting with my students, I quickly read their essays, making no marks on the papers and instead recording three things in my own notes: a score from the rubric I was using for the essay, one aspect of the writing task the student did well, and one aspect the student needed to work on.
You may not make any use of any Content or Marks without the prior written consent of Green Dot.
You may not use any trade marks, service marks and / or other trade names belonging to the Kennel Club from time to time, without the Kennel Club's prior written consent (including without limitation the Kennel Club's trade marks THE KENNEL CLUB, all page headers, custom graphics and button icons on the site) including to imply endorsement by the Kennel Club of your website and / or goods and / or services or otherwise without our prior written consent.
Such marks may not be used under any circumstances without the prior written authorization of Channel Islands Adventure Company.
You agree not to use any of the Tourism Australia Trade Marks without our prior written consent.
Your access to or use of this Site does not grant you, by implication, estoppel or otherwise, any right or license to use any Mark displayed on the Site without prior written permission from Norton Simon.
You must not use such marks without the prior written permission of the Company.
I still do not understand why this should be so, but it seems to me possible that the pragmatic solution is to present the pdf from a uniform prior and to mark off (and report) high percentage confidence limits abstracted from the use of an uninformative prior.
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.
Since the merged entity is the successor to the rights of the predecessor companies, the panel found that the complainant had rights in the name prior to the date of registration even though it did not formally exist and had not actually used the mark in Canada.
The complainant successfully showed that the ASOS mark was used in Canada as a common law trademark prior to the date of the registration.
correspondence relating to product maintenance that do not refer to the mark were found not to be evidence of use of the mark and even if they related to previously sold branded products (of which there was no evidence) there was no indication that sales of the branded products occurred in the prior 3 years
The remand rate has nearly tripled in the past 30 years, and 2005 marked the first time in Canadian history that our provincial institutions were primarily being used to detain people prior to any finding of guilt, rather than after they had been convicted and sentenced.
(1) There is no evidence that the «Socratic Method» is a particularly effective pedagogical method; (2) Unlike other disciplines, the vast majority of law professors have no experience teaching, nor any education on how to effectively teach, prior to becoming law professors; (3) Using final essay exams for 100 % of a students mark, then distributing the grades on a curve, is, to be charitable, not the best way of accurately assessing and representing to future employers students» grasp of the subject matter; (4)» Teaching students to think like a lawyer», to the extent anyone even knows what that is supposed to mean, is made difficult by the fact that most tenured law professors have little if any real experience in the practice of law themselves.
Studies done near the end of prohibition in 1932 and used by Mark Thornton in the following article labelled prohibition a failure as per capita consumption of alcohol had actually been decreasing prior to prohibition, rose during prohibition.
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.
Trademarks provide rights to the exclusive use of the mark as a representation of the company or individual with prior registration.
«AILA,» «American Immigration Lawyers Association,» «AILA InfoNet,» and the AILA logo are service marks of the American Immigration Lawyers Association, and may not be used in any advertising or publicity, or otherwise to indicate AILA's sponsorship of or affiliation with any product or service, without AILA's prior express written permission.
Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of Hodge Jones & Allen LLP.
Obtaining a letter of consent from the owner of a mark cited by way of objection, provision of evidence for a qualifying period of «honest concurrent use» with an earlier mark, or even having prior registered marks revoked for non-use, are some of the principal ways that refusal on relative grounds can be effectively surmounted where possible.
As a prior user, it was protected in its use of the mark.
Homeaway.com Inc. v. Hrdlicka 2012 FC 1467 Trademarks, Names and Designs — Trademarks — Registration — Expungement of mark — Grounds — Prior use HomeAway.com Inc., an American company, applied to expunge the registered trademark at issue (VRBO) on several grounds, including priorPrior use HomeAway.com Inc., an American company, applied to expunge the registered trademark at issue (VRBO) on several grounds, including priorprior use.
Sometimes it is extensive, covering a myriad of issues such as: validity of registration; non use (trade marks); prior use (patents); and infringing activities.
In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and / or trade dress of Digital Trends and may not be copied, imitated or used, in whole or in part, without our prior written permission.
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The Client agrees not to disclose to any third party the terms of this Agreement and any other information provided by Top Resume Writing & Career Service or designated as confidential («Confidential Information») and also agrees not to use any Confidential Information of Top Resume Writing & Career Service., or any other information, whether it is marked confidential or not, as expressly permitted under this Agreement or except with the prior written consent of Top Resume Writing & Career Service.
The names, trademarks, service marks and logos of The Family Partnership appearing on this site may not be used in any advertising or publicity without The Family Partnership's prior consent.
The panel determined that the domain name was registered in bad faith because the Registrant was aware of NAR's marks prior to registering and using the Domain Name.
Without the prior written consent of Better Homes and Gardens Real Estate Metro Brokers or the Providers, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of Better Homes and Gardens Real Estate Metro Brokers and / or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited.
Trademarks The Abodia Property Management LLC name and logo and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of Abodia Property Management LLC and may not be used in any manner without the prior writtenconsent of Abodia Property Management LLC.
Despite giving the idea high marks, less than a third of home buyers, 29 percent, had actually used one - stop shopping and 70 percent had not heard of the concept prior to the survey.
Ryan mentions that Facebook founder Mark Zuckerberg may have purchased a home in California; Ryan reviews the economic events of the prior week; Ryan notes that interest rate are still heading down; Ryan notes that the DC real estate market is competitive on the buy and rent sides and that would be renters in the DC area are turning into would be buyers; Louis notes that the DC housing dynamic is different from the rest of the country where housing prices are down and there is plenty of inventory; Louis notes that if it is cheaper to buy than rent that it makes sense to get a long term low interest rate loan; Louis talks about the benefits of visiting HomeGain.com; Louis discusses the HomeGain FSBO vs. Realtor survey and the advantages of hiring a REALTOR; Louis and Ryan discuss the HomeGain home improvement survey and recount the types of home improvements that provide the best return on investment; Ryan and Louis talk about pricing strategies for selling a home; Louis and Ryan discuss the differences between pricing a short sale and pricing a non short sale home; Louis notes pricing a home too high may keep the home on the market a long time and that the more days a home is on the market makes a home look like damaged good; Ryan describes short sales as foreclosure avoidance and discusses the impact of each on FICO scores; Ryan talks about the options that people with underwater mortgages have; Louis mentions that 72 % of home buyers and sellers pick the first real estate agent they meet and points out the value in comparing agents first using HomeGain's Find a REALTOR program; Louis can Ryan discuss the level of shadow inventory the impact on sellers as more inventory gets released;
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