Topic
Trademark Usage
53 published works
Broadcast Law Blog
NCAA Tournament Advertising: Use of Trademarks and … One More Thing (2022 Update – Part 1)
With the 2022 NCAA Collegiate Basketball Tournament about to begin, as faithful readers of this blog know, broadcasters, publishers and other businesses need to be wary about potential claims arising…
The Brand Protection Blog
Canadian Federal Court of Appeal affirms that use of variant was use of Registered Mark
By Christopher Wilson, Kevin Bushell
The recent Federal Court of Appeal decision in Geox S.P.A. v. De Luca considered whether modifications to the appearance of a trademark went beyond the scope of the registration. The…
The Brand Protection Blog
New common EU Guideline on genuine use of trademarks in a form differing from the one registered
On October 15, 2020, the European Union Intellectual Property Network (EUIPN) has published its Common Practice No. 8 (CP8) about the ‘Use of a trade mark in a form differing…
ILN IP Insider
TRADEMARK USE: NO NEED FOR A “BRICKS AND MORTAR” PRESENCE IN CANADA
By Colleen Spring Zimmerman of Fogler Rubinoff, Catherine Hart at Fogler Rubinoff
"Use it or lose it" is a staple expression known to Canadian trademark lawyers. Once a business successfully registers a trademark in Canada, it must "use" its registered mark in…
ILN IP Insider
Reviving a brand? A reminder to ensure it is put to genuine use
By Alexandra Cooke of Fladgate LLP
The case of Aiwa Co. Ltd v Aiwa Corporation is a useful reminder to brand owners, particularly those who are looking to revive a brand, of what amounts to “genuine use” of…
Global Media and Communications Watch
EU: “Der Grüne Punkt” is not a trademark used for packaged goods
“Der Grüne Punkt” is a concept that presumably everyone in Germany is familiar with; recently, the financing symbol for participation in the dual collection and recovery systems was the subject…
The Trademark Blog
Fed Circ Rejects Webpage As Specimen of Trademark Use
Webpage promoting textile didn't provide means of completing a sale and thus is not a 'point of purchase' display (see webpage in decision below). I agree with TTABlog - maybe…
DuetsBlog
Moen Moan, Part Duex
–James Mahoney, Razor’s Edge Communications Back in the '70s, National Geographic ran a story on Boston firefighters. The writer mentioned a barb that a fireman tossed his way. "Ya gonna do…
Trademark Bug
Trademark Use — Some Websites Just Won’t Do
In this age of web-based product marketing and sales, the Federal Circuit provides a reminder that a web page may not suffice as an acceptable specimen to establish use of…
DuetsBlog
Vacuum Wars: On-Product Comparative Ads?
By Steve Baird®
When can a brand owner lawfully use a competitor's trademark on the brand owner's product? Over the years, we've lifted away a lot of dust on the hairy subjects of classic trademark fair use,…