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Better late than never? Not if you want to avoid acquiescence!

The IPKat

In such a situation, the owner may not invalidate the later mark or take action against its use in respect of the goods or services for which the later trade mark has been used, unless registration of the later mark was applied for in bad faith (Art. 9(1),(3) of Directive (EU) 2015/2436 (‘EUTMD’)). The plaintiff did not respond.

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TTAB Denies Fraud Claim But Grants Petition to Cancel SEYIDOGLU Registration on Section 2(a) False Connection Ground

The TTABlog

In a case decided under the TTAB's ACR regime, the Board granted a petition for cancellation of Nema Foods' twenty-year old registration for the mark SEYIDOGLU (in standard form) for various food items, finding that the mark falsely suggests a connection with Petitioner, a major manufacturer of food products, including Turkish desserts and jams.

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Taco Bell Petitions to Cancel TACO TUESDAY Trademarks at U.S. Trademark Office

LexBlog IP

But although this phrase is used by many, two restaurant companies actually own TACO TUESDAY trademark registrations that they can assert as conclusive evidence of their exclusive rights to use the slogan and enforce those rights against anyone who tries to use the mark. Taco Bell is seeking to change that. The Lanham Act, which governs U.S.

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Trademark Infringement in the Digital Age

IP and Legal Filings

Trademark owners frequently used cease and desist letters to pressure infringers to stop using their marks without authorization before taking legal action. The registration and management of trademarks was another essential component. The inability to identify the parties at fault makes taking legal action nearly impractical.

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Precedential No. 21: TTAB Orders Cancellation of OLD SCHOOL Registrations Due to Abandonment - Intent to Sell Mark Is Not Intent to Use

The TTABlog

In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.

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Overreaching and delay lead to defeat of TM owner's claims

43(B)log

For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. The Composite Design Mark registration specifically acknowledged that it made “no claim. the public about the STURGIS Registrations.”

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The Role of Brand Names in Business

azrights

? ?. One person who clearly didn’t understand this was Mr Gu who set up a Chinese takeaway in Barrow-in-Furness in 2009 using the name China Tang. One reason people tend to be confused into believing it is acceptable to use their chosen name is that they managed to secure their desired company name or domain name registration.