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Africa IP highlights 2023: Trade marks

The IPKat

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Today, it’s about the trade marks. Katpost on the decision here.

IP 83
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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In a non-precedential ruling, the CAFC affirmed the TTAB's decision [ TTABlogged here ], granting a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for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. Andrusiek's identical common law mark, also for comic books.

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Hark! The Herald Trademarks Sing: A Holiday Trademark Extravaganza

LexBlog IP

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 1871712).

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Failures to Function and Likelihood of Confusion: Takeaways from Two Recent Federal Circuit Trademark Decisions

Patently-O

Court of Appeals for the Federal Circuit recently affirmed two Trademark Trial and Appeal Board (TTAB) decisions. 13, 2023) , the Federal Circuit affirmed the TTAB’s refusal to register the mark EVERYBODY VS RACISM because it failed to function as a trademark. In In re GO & Associates, LLC , 2022-1961 (Fed.

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Trade Name Use is not Trademark Use, Says TTAB

The TTABlog

The Board affirmed a refusal to register the proposed mark EXPERIMENTAL AND APPLIED SCIENCES for “Dietary and nutritional supplements” on the ground that the mark is used solely as a trade name to identify applicant's business and therefore is not registrable. A designation may function as both a trade name and a trademark.

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TTAB Confirms Characters Can Be Registered as Trademarks If The Characters Function as Trademarks

LexBlog IP

In a precedential decision the Trademark Trial and Appeal Board (“Board”) affirmed a refusal to register a character featured in a video game on the grounds that the proposed design mark failed to function as a trademark. 97115036 (August 28, 2023). Color was not claimed as part of the mark. [1]

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Federal Circuit on TM Law’s Information Matter Doctrine

Patently-O

by Dennis Crouch The Federal Circuit has just reissued this important trademark decision as precedential. The court found substantial evidence supported the TTAB’s conclusion that the slogan fails to function as a source identifier for the applicant GO & Associates’ goods and services. The opinion here is more nuanced.