商標の使用

USPTO

Is VEGGIES IN EVERY BITE Merely Descriptive of Pasta?

We may also look to Applicant’s website and product packaging as evidence of public perception.Even Applicant itself use...
USPTO

“NO LAW DEGREE REQUIRED” Fails to Function as a Source Indicator for Business Consulting and Legal Information Services

“Failure to function” is an umbrella term because there are many reasons why a proposed mark may not function as an indi...
インド

India’s Trademark Registry Accepts Its First Smell Trademark – 4

When a vehicle fitted with tyres containing the present smell passes by, a customer perceiving the smell in question wil...
インド

India’s Trademark Registry Accepts Its First Smell Trademark – 2

A graphical representation akin to the one that is usually filed by applicants in case of for instance a word mark or a ...
USPTO

Cancellation of EDGE GAMES Registration Due to Nonuse

The evidence here convinces us that Dr. Langdell’s testimony in rebuttal that he used EDGE GAMES as a trademark prior to...
USPTO

Genericness Opposition to MLD FAMILY for Metachromatic Leukodystrophy (MLD) Advocacy

To show that a mark has acquired distinctiveness, an applicant must demonstrate that the relevant public understands the...
USPTO

Prove Distinctiveness of its Common Law Mark – 2

Factors to be considered in determining whether acquired distinctiveness has been established include whether there is a...
USPTO

Prove Distinctiveness of its Common Law Mark – 1

In sum, we find that Opposer’s evidence of use of PCS prior to Applicant’s December 13, 2018, constructive date of first...
USPTO

STROLL TO THE POLLS Fails to Function as a Trademark for Clothing

Notwithstanding Applicant’s apparent intent that the phrase function as a mark, the evidence of record shows that the pr...
EUIPO

EU trade mark dispute: TESTAROSSA – 2

There is no obligation to use the symbols ‘Ⓡ’ or ‘TM’ in order for the use of a mark to be considered to be in accordanc...