A Judge should disqualify himself or herself in a proceeding where he or she:
" Has a personal bias or prejudice concerning a party;
" Has personal knowledge of disputed evidentiary facts;
" Served as a lawyer in the matter in controversy;
" Practiced law with a lawyer who, during the time of this association, handled the case in question;
" Has been a material witness in the case, or has practiced law with a lawyer who is a material witness;
" Has a financial or other interest in the subject or parties to the proceeding, or a member of his or her immediate family has such an interest;
" Is a party to or a lawyer in the proceeding, or is related to one who is so involved in the proceeding;
" Knows of a relative who has an interest that could be substantially affected by the outcome of the proceeding; or
" Is likely to be a material witness, or is related to one who is likely to be a material witness in proceeding.
Title: Understanding Removal Affidavit of Non-Use Application: Types and Detailed Description Introduction: The Removal Affidavit of Non-Use Application is an important legal document used to demonstrate that a trademark has not been used in commerce. This article aims to provide a comprehensive understanding of this application, outlining its purpose, process, and different types that may exist. Key phrases/Keywords: Removal Affidavit of Non-Use Application, non-use trademark application, unused trademark, trademark cancellation, legal affidavit, trademark law 1. What is a Removal Affidavit of Non-Use Application? A Removal Affidavit of Non-Use Application is a legal document filed to cancel a registered trademark due to its non-use in commerce. The applicant affirms, under penalty of perjury, that the trademark has not been actively used in connection with the goods, products, or services associated with it. 2. Purpose of a Removal Affidavit of Non-Use Application: The primary purpose of this affidavit is to allow interested parties to remove inactive or abandoned trademarks from the register, freeing up the market for new or active trademarks. It serves as an effective mechanism to maintain fairness and accuracy within trademark databases. 3. Process for Filing a Removal Affidavit of Non-Use Application: a) Conducting Research: Before filing, it is important to conduct thorough research to ensure the trademark in question has not been used in commerce for a specific period mandated by the jurisdiction. b) Drafting the Affidavit: The affidavit needs to be prepared accurately and according to the specific requirements of the respective jurisdiction. It should include details about the trademark, its owner, the date of registration, and the basis for the non-use claim. c) Submitting the Affidavit: Once drafted, the affidavit should be filed with the appropriate trademark authority or office along with the required fees. Some jurisdictions may require additional evidence of non-use. 4. Different Types of Removal Affidavit of Non-Use Applications: a) Absolute Non-Use Application: This type of application asserts that the trademark holder has never used the registered trademark in commerce since its registration, promoting cancellation. b) Partial Non-Use Application: In this case, the trademark has been used but only for some goods, products, or services listed. The applicant seeks to cancel the unused portion, enabling new registrations for the unused categories. c) Periodic Non-Use Application: This type of application focuses on trademarks that have not been used in commerce for a continuous period defined by the jurisdiction, usually ranging from 3 to 5 years. Conclusion: The Removal Affidavit of Non-Use Application is a significant legal tool that allows interested parties to free up trademark registers from inactive or abandoned trademarks. By following the appropriate process, one can ensure the accurate representation of active trademarks in the market. Understanding the various types of non-use applications helps navigate the cancellation process effectively based on specific circumstances.
