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Matal v. Tam, 582 U.S. 218 (2017) (previously known as Lee v.Tam) is a Supreme Court of the United States case that affirmed unanimously the judgment of the United States Court of Appeals for the Federal Circuit that the provisions of the Lanham Act prohibiting registration of trademarks that may "disparage" persons, institutions, beliefs, or national symbols with the United States Patent and ...
An examining attorney at the United States Patent and Trademark Office (USPTO) refused registration under 15 U.S.C. §1052(c), stating that the use of the word "TRUMP" in the mark would likely be construed by the public as a reference to Donald Trump and that, without the then-President's written consent, the registration had to be refused.
A court of appeals decision regarding trademark registration affirming the Commissioner of Patent's decision, and directing the clerk to certify its opinion to the Commissioner, is not final and appealable to the Supreme Court. A. Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co. 201 U.S. 166 1906 Substantive Trademark registration
Elster appealed to the USPTO’s Trademark Trial and Appeal Board, which ultimately refused registration. A federal appeals court, however, later held that the refusal violated Elster’s First ...
A suggestive trademark tends to indicate the nature, quality, or a characteristic of the products or services in relation to which it is used, but does not describe this characteristic, and requires imagination on the part of the consumer to identify the characteristic. Suggestive marks invoke the consumer's perceptive imagination.
This subsection prohibits the unauthorized registration and use of state emblems, official signs, and hallmarks indicating control and warranty, from countries of the Union, in trademarks. It mandates that member states refuse or invalidate the registration of a trademark containing such emblems, except where authorized by the competent ...
A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of the trade dress (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks.
The trademark applicant and opponent then submit pleadings, evidence and arguments to the Trademarks Opposition Board (an administrative body within CIPO), which hears and makes decisions in opposition proceedings. [3] [4] [5] The Board can either refuse the trademark application (in whole or in part) or reject the opposition. [4]
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