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New CJEU referral on interplay between bad faith and trade mark functionality

The IPKat

On 23 August 2021, CeramTec applied for registration of three European Union trade marks (EUTMs): the three-dimensional mark No 10 214 179 in the colour ‘pink, Pantone 677 C’ (to the upper right), the figurative mark No 10 214 112 in the colour ‘pink, Pantone 677 C’, and the mark No 10 214 195 consisting in the colour pink, Pantone 677 C.

Art 67
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Hark! The Herald Trademarks Sing: A Holiday Trademark Extravaganza

LexBlog IP

MR. CHRISTMAS became a registered trademark for “Christmas Ornaments and Decorations of the Non-Electrical Type” way back in 1966 (Registration No. ” Scrooge wasn’t the only one who had that idea: a business owner registered ALWAYS CHRISTMAS & Design as a service mark in 1995 (Registration No.

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Gema USA, Inc. Sues Former Employee for Alleged Patent & Trademark Infringement

Indiana Intellectual Property Law

according to their website, was formed by Monte McClung in 2009 after a 20 year Career at Gema. Registration No. Registration Date. Gema sells a variety of powder guns and spray equipment in this district and throughout the United States. The Defendant, First in Finishing, Inc., First in Finishing, Inc.’s OPTISELECT. 5204968.

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Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision?

SpicyIP

Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. Rather, it can be invoked as an active defense against an infringement suit.

Trademark 119
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The Law Of Trademark In India: Infringement And Remedies

IP and Legal Filings

Certain conditions are not deemed trademark infringement under Section 30 of the Trademark Act. If someone has a licence from the registered trademark owner, it is not considered an infringement because the licence is granted under an assignment agreement. Registered Trademark. Unfair Advantages.

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The Law Of Trademark In India Act 1999: Infringement And Remedies

IP and Legal Filings

Certain conditions are not deemed trademark infringement under Section 30 of the Trademark Act. If someone has a licence from the registered trademark owner, it is not considered an infringement because the licence is granted under an assignment agreement. Registered Trademark. Unfair Advantages.

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The Interplay between Religious Sensitiveness and Trademark Law in India

IP and Legal Filings

The Trademarks Act of 1999 does not forbid the use of names of gods or goddesses, religious symbols, or figurines in and of themselves; But it simply limits the registration of the mark under the Trademarks Act’s Section 9(2)(b), as is shown while reading the clause. 6] Section 9(2)(b) of the Indian Trademarks Act, 1999.