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News Item |
Link, if any
known to us, to source |
burdlaw comments |
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Google denied use of "GMail" in
EU.
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http://www.markenbusiness.com/en/news.php?newsid=4728
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Google has switched to use of "Google Mail" in EU.
A German businessman, Daniel Giersch of Hamburg , was held to own rights and
is planning to launch an email service under the
name "GMail"
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Shape
of MAG flashlight held by European Court of Justice not protectable as
European Community trademark due to lack of inherent distinctiveness
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http://www.worldtrademarklawreport.com/Article/?r=1568&c=1052047
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MAG blew this case, not
arguing acquired distinctiveness but rather arguing solely inherent
distinctiveness..
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Madrid
Protocol reaches 80 current
member countries.
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http://www.wipo.int/treaties/en/documents/pdf/madrid_marks.pdf
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The Madrid Protocol has become
the de facto International Trademark standard.
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Public Search Room Now Open in Alexandria - Move
Marks Final Phase of USPTO Move
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The relocation of the public search room marks the beginning of the final
phase of the USPTO’s move to Alexandria. At the conclusion of the move in
early spring, 2005 over 7,000 USPTO employees and contractors will occupy
the five buildings of the Alexandria |

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The USPTO’s public search
facilities and trademark search library are now open in Alexandria,
Virginia. The new facility occupies the first two floors of the Madison East
Building. It consolidates current patent and trademark information sources
and staff and focuses on the electronic delivery of information. The
state-of-the-art facility offers 300 computer workstations providing access
to the full complement of USPTO patent and trademark automated search
systems, in addition to other electronic, microfilm and print resources. The
public search room is open daily from 8 am to 8 pm.
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| Electronic filing has now
reached over 80 percent of new filings and 99.8% of USPTO trademark
processing is now electronic. |
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Electronic filing
is now the
way to file. Any other filing is an invitation to a malpractice claim,
since the online TEAS system has built in error checking.
Do any one of
the things that TEAS would have stopped and you have clearly committed
legal malpractice in this expert's opinion. In fact, the very act of
filing a trademark application any other way is arguably malpractice.
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The "Official Gazette" is now only
published
online (“eOG:P”) or on CD
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http://www.uspto.gov/web/trademarks/tmog/
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This is old news, but many
people continue to ask so we continue to prominently post this fact.
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MADRID
PROTOCOL
adopted by the EC and the US has now passed the
Madrid Agreement in number of member countries. The "Madrid
Protocol" is a system allowing centralized processing of foreign
applications in all member countries (currently 66, including all EC
countries), of the protocol, which greatly simplifies international
trademark filing and maintenance. |
http://www.uspto.gov/web/trademarks/madrid/madridindex.htm
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With the US and EC both
joining the Protocol, it is sure to be the major international mode of
filing trademark applications. This website has been a major proponent for
the adoption of this great way for applicants to save on foreign trademark
fees.
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Guide
to Madrid Protocol implementation in US
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http://www.uspto.gov/web/trademarks/madrid/madridguide.htm
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a very user friendly guide to
US implementation of the protocol.
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WIPO Guide to
Implementation of Madrid Protocol
Much more comprehensive than the US Guide, and
just redone to include the recent addition of the European Community, the
WIPO Guide seeks covers ALL member countries and provide information in a
user friendly manner with pages with similar format for each country to
highlight difference.
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http://www.wipo.int/madrid/en/guide/index.htm
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a fabulous
guide, recently updated in anticipation
of Oct.5-6, 2004 training sessions
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Documents in
Trademark Disputes Can be Filed Online
The Trademark Trial
and Appeal Board-an administrative tribunal that hears and decides appeals
and adversarial proceedings involving trademark registrations--is now
accepting Internet filings for initial extensions of time in cases
challenging federal registration of trademarks. The Electronic System for
Trademark Trials and Appeals (ESTTA) also allows parties to file
case-related documents not requiring fees by e-mail. ESTTA immediately
sends e-mail receipts when documents are filed, and approvals for
extension of time requests are normally sent by e-mail within two business
days.
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http://www.uspto.gov/web/offices/dcom/ttab/
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It is really a
testament to the dedication of the Trademark Office that even its appeal
board has gone online.
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