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商標登録insideNews: Arlington’s USA Rice wins trademark case over RightRice | Washington Business Journal

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RightRice TM was cancelled by USPTO

RightRice, which is found on D.C.-based Cava’s fast-casual restaurant menu and sold in supermarkets nationwide, is currently branded as RightRice®, with a rice-shaped mark over the second “i” instead of a dot. The Nov. 29 decision of the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board to cancel the trademark means the symbol will have to come off, the federation states, though “rice” can remain — rice is a grain, not a trademark.

情報源: Arlington’s USA Rice wins trademark case over RightRice – Washington Business Journal

The USA Rice Federation’s challenge leads to the cancellation of RightRice®’s trademark, sparking debates on food naming and marketing.

情報源: Trademark Win for USA Rice Federation: RightRice® Mark Cancelled i…

Mark: RIGHTRICE
Application Filing Date: Sep. 06, 2017
US Serial Number: 87598342
US Registration Number: 5597052

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商標登録insideNews: False Declaration of Incontestability Not Enough to Cancel US Trademark Registration | Ladas & Parry LLP – JDSupra

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False on §15 is not enough to cancel US registration

Great Concepts has owned Registration No. 2929764 for DANTANNA’S, in association with “steak and seafood restaurant[s]”, since March 2005. In 2006 Chutter Inc’s predecessor-in-interest, Dan Tana, petitioned to cancel the mark based on a likelihood of confusion with his common law DAN TANA mark, used in association with restaurant services.

情報源: False Declaration of Incontestability Not Enough to Cancel US Trademark Registration | Ladas & Parry LLP – JDSupra

ATLANTA (Legal Newsline) – The legendary Hollywood celebrity eatery Dan Tana’s will have to keep fighting to protect its brand against a similar-sounding restaurant in Atlanta after a federal appeals court reversed a ruling by the U.S. Patent and Trademark Office canceling the Dantanna’s trademark for fraud.

情報源: Dan Tana’s restaurant loses round one of trademark fight vs. Dantanna’s | Legal Newsline

GREAT CONCEPTS, LLC, Appellant v. CHUTTER, INC., Appellee (CAFC)

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商標登録insideNew: Trademark Board Addresses Registration Cancellations During Audit | natlawreview.com–Trigger Rule 2.134?

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Deletion may result adversely in TTAB cancellation

The Trademark Trial & Appeal Board (Board) addressed, for the first time, whether the deletion of goods and services as a result of a post-registration audit during a cancellation proceeding triggers Trademark Rule 2.134 and found that it does. The Board required the respondent to show cause as to why its deletion of certain goods from the challenged registration should not result in an adverse judgment.

情報源: Trademark Board Addresses Registration Cancellations During Audit Deletion may result adversely in TTAB cancellation

Deletion may result adversely in TTAB cancellation

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商標登録insideNews: What you need to know about non-use trademark cancellation actions in Russia | Lexology

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The Russian non-use cancellation system can be vexing for global trademark owners.One of the challenges for international rights holders is that non-use cancellation proceedings in Russia are heard inter partes by the country’s IP Court. This means that an action in such cases is typically more complex, costly and time consuming than in other jurisdictions.Another challenge is that Russian legislation requires a claimant to use a non-use cancellation action to prove legitimate interest and the evidentiary bar is high.

情報源: What you need to know about non-use trademark cancellation actions in Russia – Lexology

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商標登録insideNews: Caterpillar Battling Small Coffee Shop Over Use of Cat in Trademark Case – Small Business Trends

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When a multi-national corporation generating $54 billion (2018) goes after small business owners scratching out $150,000 for trademark infringement, it makes you wonder.This is the case being played out between Caterpillar (the multi-national) and Cat & Cloud (the small business). The reason it is getting so much attention is because Caterpillar is the world’s largest construction equipment manufacturer. And Cat & Cloud is a coffee shop in Santa Cruz, CA.

情報源: Caterpillar Battling Small Coffee Shop Over Use of Cat in Trademark Case – Small Business Trends

Cat & Cloud 5 Panel Hat | Looks Good On Everyone, 0:49

Let’s Do The Work | Caterpillar, 1:00
https://youtu.be/EhzOa-6dtCk

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社会通念上同一と認められる商標

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社会通念上同一と認められる商標 平成8年改正商標法における不使用取消審判の改善では、登録商標の使用と認める範囲を社会通念上は同一と認められる商標まで広げています。どこまでが社会通念上同一という境界を探ることで、どの程度の …