Sentences with phrase «trade mark owners such»

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.

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.

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.

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.

If that is the case, then using the mark in a comparative advert does not damage that guarantee as long as it is not used in such a way as creates confusion between the advertiser and the mark owner or their goods (something which is dealt adequately in the CAD); one is tempted to agree with Lord Justice Jacob's view that trade mark law has no place in this arena.

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.

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 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.

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 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 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 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 trade mark.

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.

Many (probably most) trade mark lawyers think that ought to be the rule... So the public would be surprised to know (and perhaps somewhat resentful of the fact) that the law of the EEA is such that if genuine goods are available outside Europe, much cheaper than they are here, traders can not buy them and import them for sale here, unless the trade mark owner has consented.

«This finding is consistent with the majority of Uniform Dispute Resolution Policy cases, which have recognized a domain name registration as a trademark owner's exclusive right, and that permitting such a registration would allow any distributor, wholesaler or retailer to monopolize a third party's real trade mark as a domain name based upon the mere fact that it sells the party's products or services,» says Gowlings.