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Is a merchandising right part of TM? one PA judge thinks probably not

43(B)log

Vintage counterclaimed, alleging that Penn State’s registrations were invalid and should be cancelled on account of the ornamentality of the use. Penn State registered this image in 2017 for use on metal novelty license plates and apparel. not whether Penn State could get a valid registration for its marks used as marks.)

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TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design?

The TTABlog

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. Since both parties rely on issued registrations, priority was an issue in this proceeding. How do you think this came out?

Designs 67
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A green slogan is not a trademark, says the General Court

The IPKat

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. The examiner rejected the application on 23 rd March 2020. Comment This decision adds to the increasingly relevant debate on greenwashing.

Trademark 132
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It’s Not a Bag, it’s a MetaBirkin!

IPilogue

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. The Birkin’s hefty price tag — a Diamond Himalaya Birkin sold for over $400,000 in 2017 — has made it a prime target for knockoffs.

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Book review: Research Handbook on Trademark Law Reform

The IPKat

Part 1: The trade mark registration process Chapter 2, by Barton Beebe and Jeanne Fromer , addresses "trade mark depletion", i.e. the hypothesis that there is a limited supply of signs that can usefully serve as a trademark and that we're running out [earlier work here ].

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Connecting the dots

The IPKat

The Guidelines on the Examination of applications for registered Community designs of the European Union Intellectual Property Office (‘EUIPO’) state: Visual disclaimers indicate that protection is not being sought, and registration has not been granted, for certain features of the design shown in the representation. 25(1)(b), Art.

Designs 62
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TTABlog Test: Is ROMA PIZZA for Restaurant Services Confusable with ROMA for Frozen Pizza?

The TTABlog

opposed Timothy Bammann's application to register the mark ROMA PIZZA for restaurant services [PIZZA disclaimed], alleging a likelihood of confusion with its registered mark ROMA for frozen pizza. million on advertising from 2017-2020, garnering $81 million in revenues from 2015-2020. Bernatello's Pizza, Inc. It spent $2.3