IP and Legal Filings

NOVEMBER 1, 2022

Trademark and other subjects of industrial property, such as patent, industrial design, utility solution, etc. Cambodia has adopted the “first to file” system of registration. Cambodian trademark law defines a “mark” as any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

LexBlog IP

SEPTEMBER 29, 2022

Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. The Ardagh analysis echoes the analysis found in American courts and registration controversies, such as in the case of Ride The Ducks, LLC v.

Trademark 52

Trademark Registration Music Intellectual Property 52

IP and Legal Filings

AUGUST 3, 2023

“Failure to Function” refers to a situation where a trademark application is rejected because the proposed mark is deemed incapable of fulfilling its essential role as a source identifier. Therefore, in order to acquire a registration, a trademark must function as a trademark along with being distinctive.

Registration 52

Registration Branding Brands Branding 52

Patently-O

JANUARY 26, 2024

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. See, TMEP § 1202.04(b)

Registration 62

Registration Trademark Service Mark Trademark Law 62

Corsearch

AUGUST 30, 2023

Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role. Absolute grounds for refusal of registration are factors within the individual trademark in isolation which hinder registration.

Trademark 52

Trademark Registration Registering Trademarks Designs 52

Patently-O

NOVEMBER 17, 2023

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 order to qualify for federal trademark registration under the Lanham Act, a mark must be able to function as a source identifier. In Trek Bicycle Corp.

Trademark 62

Trademark Registration Trademark Law Service Mark 62

The TTABlog

JANUARY 23, 2024

The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) The TMEP is not the law - ed. ]. widely used slogans), but nevertheless function as source-identifiers.

Designs 62

Designs Design Registration Service Mark 62

The TTABlog

NOVEMBER 16, 2023

The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) The TMEP is not the law - ed. ]. widely used slogans), but nevertheless function as source-identifiers.

Registration 70

Registration Service Mark Trademark Trademark Law 70