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False Declaration of Incontestability Not Enough to Cancel US Trademark Registration

JD Supra Law

Great Concepts has owned Registration No. In 2006 Chutter Inc’s predecessor-in-interest, Dan Tana, petitioned to cancel the mark based on a likelihood of confusion with his common law DAN TANA mark, used in association with restaurant services.

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Fourth Circuit Rules that Bacardi May Challenge USPTO's Renewal of HAVANA CLUB Registration via Civil Action Under the APA

The TTABlog

Court of Appeals for the Fourth Circuit has ruled that Bacardi's challenge to the USPTO's renewal of the registration for that mark may be heard in the federal courts. In 2006, Cubaexport was barred from paying the renewal fee for the HAVANA CLUB registration due to a trade embargo. Bacardi & Co. Vidal , Appeal No.

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Federal Circuit’s Determination on Whether Fraudulent Conduct in Obtaining Incontestable Status Warrants the Mark’s Cancellation

Intellectual Property Law Blog

Background Great Concepts applied for and received trademark registration for DANTANNA’S, Registration No. In 2006, Chutter, Inc.’s First, the majority held that a Section 15 declaration is not necessary to maintain a trademark registration because it simply relates to the trademark’s status as incontestable.

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CAFC Affirms Cancellation of CAPTAIN CANNABIS Registration: Petitioner Established Priority Via Analogous Trademark Use

The TTABlog

In a non-precedential ruling, the CAFC affirmed the TTAB's decision [ TTABlogged here ], granting a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Actually, registrations are cancelled, not marks - ed. Text Copyright John L.

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TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use

The TTABlog

The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Andrusiek's identical mark, for which he claimed prior use for comic books. The parties agreed that the marks are confusingly similar. Andrusiek v.

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Precedential No. 1: TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use

The TTABlog

The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. The parties agreed that the marks are confusingly similar.

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Italian Supreme Court refers questions to CJEU on conflicts between GIs and trade marks

The IPKat

The dispute concerned the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. Background More wine cases for the CJEU. Image from Pixabay. Article 14.3 of Regulation (EEC) No 2081/9 ).