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TM co-owner can't challenge uses authorized by other co-owners (bonus Lexmark reasoning)

43(B)log

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.

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TTABlog Quarterly Index: July - September 2022

The TTABlog

19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(d) - Likelihood of Confusion: TTABlog Test: Is "MOXIE SCRUBS" & Design Confusable with "MOXIE" for Clothing? [No] 13th DuPont Factor Saves Four "GAIA" Marks For Supplements From Section 2(d) Refusal Precedential No. Abandonment: Precedential No.

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Precedential No. 29: After an Exhausting 2(d) Analysis, TTAB Finds HME (Stylized) Confusable with KME for Building Products

The TTABlog

The Board found opposer's mark to be "inherently distinctive and conceptually strong, of average commercial strength." And the parties’ market interface weighed slightly in favor of opposer "to the extent the parties acknowledged a need for Applicant to choose a non-confusingly similar mark." Seems like a nonsequitur to me - ed.

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Book Review: Overlapping Intellectual Property Rights (Second Edition)

The IPKat

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. For instance, the existence of a patent may be used by competitors to argue that the design is dictated by function and should therefore be ineligible for protection. Partridge, offers a view on the overlaps between trade marks and domain names.

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Protection of Trademarks in Philippines

IP and Legal Filings

Foreign applicants not domiciled or having no real and effective commercial establishment in the country must have a resident representative who shall be served with notices or processes in proceedings affecting the mark. Collective marks may be registered and are treated as ordinary trademarks for the purposes of substantive examination.

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TTABlog Quarterly Index: October - December 2021

The TTABlog

Crowded Field of Third-Party Registrations and Uses Leads to TTAB Reversal of "MATCH STUDIO" Over "MATCH" for Clothing Licensee's Prior Common Law Use Established Priority for "SNORE MD" Mark TTABlog Test: Is "BEDLAM VODKA & Design" for Vodka Confusable With "BEDLAM! & Design" for Beer?

Cinema 67
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Understanding the Role Intellectual Property Plays in Mergers and Acquisitions

Kashishipr

In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on. The acquired company remains intact but comes under new ownership. Now let us define IPRs.