商標の使用

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...
EUIPO

EU trade mark dispute: TESTAROSSA – 1

According to the case-law, the resale, as such, of a second-hand product bearing a trade mark does not mean that that ma...