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CAFC Affirms TTAB Dismissal of Consolidated Cancellations Due to Lack of Entitlement to a Statutory Cause of Action

The TTABlog

The CAFC affirmed the Board's dismissal of two petitions for cancellation on the ground of lack of entitlement to a statutory cause of action under Section 1064 of the Trademark Act. May 23, 2024) [Precedential]. registrations are cancelled, not marks - ed. ]. Luca McDermott Catena Trust v. Fructuoso-Hobbs SL , Appeal No.

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Divided 9th Circuit Says District Court Has Power to Adjudicate TM Applications

The TTABlog

Section 1119 of the Trademark Act gives a federal district court the power to "determine the right to registration, order cancelation of registrations, in whole or in part, restore canceled registrations, and otherwise rectify the register with respect to the registrations of any party to the action."

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SpicyIP Weekly Review (February 05- February 11)

SpicyIP

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! M/S Zari Silk (India) Pvt.

Trademark 103
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RAW power: over dissent, 9th Circuit orders trial on infringement, cancellation of TM applications

43(B)log

4th -, 2024 WL 1356981, Nos. plaintiff's RAW defendant's Raw Garden Also over a dissent, the panel finds that a court can order trademark applications cancelled, not just registrations. The panel did affirm the refusal to cancel defendant’s registrations on grounds of unlawful use, since they weren’t for unlawful items.)