The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). He conducted clinical trials in 2000 and manufacturing began in 2002-2003. He developed his own formula for a lubricant, as well as special packaging.

Registration 49

Registration Contracts Advertising Advertising 49

IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. The ‘Cycle’ brand is registered under various classes which include food products and incense sticks, dhoop, hair oil, etc.

Trademark 86

Trademark Branding Brands Branding 86

Indiana Intellectual Property Law

AUGUST 9, 2021

Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”).

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

Kashishipr

AUGUST 24, 2022

By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India. Trademark for the Taj Mahal Palace Hotel.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

DECEMBER 18, 2022

Trademark represents the reputation and goodwill of the brand or company and gives its owner exclusive right to use the mark. pronounced “Exactly”), the brand Exactly Corp. In 2002, the defendant started using trade mark ‘AZIWIN; in the market for the azithromycin tablets. certification mark etc.

Trademark 88

Trademark Registration Intellectual Property Branding 88

The IPKat

MAY 2, 2023

However, this argument did not satisfy the Court, which on the contrary, specified that it was those characteristics that are specific to Lidl’s brand. Tesco also claimed that Lidl had applied to register the latter as a trade mark in bad faith.

Artistic Work 91

Artistic Work Registration Copyright Copyright Infringement 91

IP and Legal Filings

SEPTEMBER 16, 2021

This may include creating products with certain distinct features, such as a particular smell or a sound that is exclusive to the product and the brand. Thus, several companies have attempted to manufacture products implanted with a particular smell that is exclusive to the brand. Global and Indian laws concerning smell trademarks.

Trademark Law 52

Trademark Law Trademark Law Registration 52

The IPKat

OCTOBER 19, 2022

Yet, the 2 nd Board of Appeal of the European Union Intellectual Property Office held otherwise in a recent decision ( Case R32/2022-2 ) that refused registration of the Saddle shape in relation to “ Bags, handbags, pouches (leather goods), travel kits (leather goods), toiletry and make-up cases (empty) ”.

Designs 65

Designs Design Reporting Registration 65

SpicyIP

JULY 14, 2021

Olfactory marketing is not only employed by restaurants for their food, but is also often utilized in supplementing branding because just like a logo, it helps the consumer identify the experience associated with a service or product. Issues and Barriers to the Registrability of Smell-marks. Deutsches Patent und Markenant.

Trademark 126

Trademark Registration Marketing Marketing 126

IP and Legal Filings

JANUARY 2, 2023

The “FoxMandal” name and “FM” emblem were created and registered by Mr. Som Mandal in the early months of 2002, and it wasn’t until the partners of Fox& Mandal, including his own father, sought for the registration in 2006 that it was denied by the Trademark Registry. Introduction.

Registration 52

Registration Trademark Business Branding 52

IP and Legal Filings

JUNE 10, 2024

Plaintiffs submitted to the court that on 19 th September 2020, Parle had applied for the registration of the trademark, “Be the Fizz! The said application being presently pending, having been opposed by PepsiCo, Parle could not infringe on the trademark registration in the name of PepsiCo. For the Bold!”

Trademark 82

Trademark Advertising Advertising Registering Trademarks 82

Garrigues Blog

APRIL 27, 2021

We should therefore reflect on the importance of designs in the past, present and future of our society in general, and on business activity in particular, where it undoubtedly offers a competitive edge in improving the appearance and function of products, contributing to innovation and the positioning of brands. What are the facts?

Designs 52

Designs Design Patent Application Intellectual Property 52

The IPKat

APRIL 27, 2024

The French brand sells a range of blouses that are both romantic and classic ( e.g. Darcy, Fraisier ), minimalist tops ( e.g. Esterel ), oversized sweatshirts with delicate details ( e.g. Erlanger, Dunes ) and jumpers combining a cosy and structured style ( e.g. The court then analysed the copyright infringement. A Kat taking a rest.

Cease and Desist 65

Cease and Desist Designs Design Copyright Infringement 65

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration.

Artistic Work 45

Artistic Work Designs Design Copyright 45

The IPKat

NOVEMBER 27, 2023

Background On 12 April 2022 Paredes Holding Center SL (the Applicant) filed an application for the EU registration of the position trade mark no. The average consumer of this type of product is accustomed to this type of position trade marks and, in principle, can be guided by them when purchasing the product ( R 938/2000 , R 813/2002-1 ).

Television 72

Television Branding Brands Branding 72

The TTABlog

APRIL 6, 2022

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." registration for GJERGJ KASTRIOTI SKËNDERBEU in standard character form, which it secured without objection from GKS. See In re Bose Corp., ADOL owns a U.S.

Ownership 52

Ownership Registration Trademark Contracts 52

IIPRD

SEPTEMBER 30, 2021

Effective and timely registration of IPs is now what the company strives for. In 2002, Korea exported technology worth US$0.6 Since 2002 Korea has increased its R&D expenditure from 2.6% cola brand is estimated to be worth US$80 billion. core technologies, which otherwise would have remained ([link].

IP 52

IP Licensing Intellectual Property Marketing 52

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. There was no evidence of third-party use or registration by any company using the same mark to identify energy drinks or other beverages and e-liquids, and no evidence of any third party manufacturing both energy drinks and e-liquids with different marks. Monster Energy Company v. Opposition No.

Designs 56

Designs Design Branding Brands 56

Intepat

NOVEMBER 14, 2022

When you file for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you must file your brand. ” The system of trademark classification eases the process of registration of a trademark. NICE Classification ). & Ors , it was held that.

Trademark 98

Trademark Registering Trademarks Registration Music 98

LexBlog IP

JANUARY 25, 2024

.” [5] Applying this test, the Ninth Circuit upheld the lower court’s dismissal, rejecting plaintiff’s contention that the Rogers test does not extend to the use of brand names. Rather, the “only threshold requirement. is an attempt to apply the Lanham Act to First Amendment expression.” 1] Punchbowl, Inc.

Trademark 40

Trademark Designs Design Branding 40

IP and Legal Filings

FEBRUARY 6, 2023

Moreover, the name earned by the brand helped it in establishing 81 retail outlets overall at different locations such as New Delhi, Pune, Noida, Bangalore, and Mumbai, and registered several trademarks for the brand of ‘THEOBROMA’ and for its different variants. Over time, it gained a good reputation and earned popularity.

Trademark 85

Trademark Settlement Business Branding 85

LexBlog IP

MARCH 28, 2022

Ensuring that a business holds all rights to enable it to make full use of its trade mark should be front of mind in any branding consideration. The Trade Marks Act 1995 (Cth) (the Act ) makes it clear under section 27(1) that an application for registration of a trade mark may be made if the person claims to be the owner of the trade mark.

Ownership 52

Ownership Intellectual Property Content Creation Business 52

IIPRD

MARCH 17, 2023

This regulation provides the responsibility of the manufacturer, and as per this regulation, product registration is not necessary. In Europe, the Nutraceutical sector is regulated by the European Food and Safety Authority (EFSA), and the regulations of the nutraceutical sector come under Directive 2002/46/EC.

IP 52

IP Intellectual Property Marketing Marketing 52

Canadian Intellectual Property Blog

OCTOBER 14, 2020

Trademark registration is another available tool cannabis businesses should employ to protect their brand. Canada (Commissioner of Patents), 2002 SCC 76. [3] Businesses should also be aware that Health Canada has strict regulations surrounding the packaging design for cannabis products. 3] Monsanto Canada Inc.

Intellectual Property 52

Intellectual Property Intellectual Property Law Designs Design 52

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. The scam can be at various levels and multi-facet forms including mimicking websites, selling cheaper copies of brands or even stealing ideas of originators [4].

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IPilogue

JANUARY 14, 2022

The Supreme Court of Canada last considered the definition of “inventor” in 2002, but has yet to consider whether it would include non-human entities. While filing trademarks is important for brand protection, the examination stage can take upwards of two years to complete. Trademark Law. Parody in Trademarks is No Joke.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

The IPKat

DECEMBER 23, 2022

In 2002, the company applied to register the EUTM No. Both EUTM registrations were granted. It reiterated that the Grand Board had to decide on the scope of opposition to the registration of a trade mark arising from Article 7(1)(c) EUTMR where a sign is a geographical name. In 2014, it sought to register the EUTM No.

Designs 52

Designs Design Registration Government 52

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception.

IP 40

IP Intellectual Property Branding Brands 40

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. 2d 410, 414-415 (SDNY 2002)) that the Supreme Court expressly used to “offer as one last example” of “a case with a striking resemblance” in which the Rogers test was cabined. Unlike the defendant in Jack Daniel’s , MSCHF, at least amongst its relevant consumers, has a valuable brand.

Blogging 114

Blogging Trademark Branding Brands 114

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited). ” Ardagh at par.

Trademark 52

Trademark Registration Music Intellectual Property 52

SpicyIP

FEBRUARY 24, 2023

Techsquare has 2 more applications awaiting registration for ‘Alphard’ word mark and a device, under Class 12 for land vehicles, and the same have been opposed by Toyota in 2017 (word mark) ( pdf ) and in 2018 (device) ( pdf ). A public search report for the ‘Alphard’ mark can be accessed here ( pdf ).

Registration 63

Registration Intellectual Property Law Trademark Branding 63

LexBlog IP

MAY 3, 2022

A symbol or design is generally eligible for trademark registration if it can function as a source identifier of goods and services, is not similar to a prior mark or in conflict with other prior rights of a third party, and is not otherwise prohibited by trademark or other laws in China. Ferrero’s Products. Montresor’s Products.

Designs 52

Designs Design Trademark Intellectual Property 52

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. The appeal was allowed.

Invention 98

Invention Music Art Patent Application 98

SpicyIP

MAY 15, 2023

Recently, tech brands Rario and Striker found themselves in a tussle over the exclusive right to use images and names of famous cricket players on their respective Online Fantasy Sports Platform. Since the petitioner has priority over both registration and the user of the said trademark, the court, thus, ordered the Ld.

Trademark 82

Trademark Registration Cease and Desist IP 82

IP Whiteboard

NOVEMBER 19, 2020

BGL and its subsidiaries ( BGL Group ), including Manolo Blahnik, manufacture, distribute and sell luxury shoes and accessories bearing the “MANOLO BLAHNIK” name and brand, which are sold in over 65 countries including Australia. In Australia, Manolo Blahnik owns a number of trade mark registrations including: Reg No. 02 Jul 2002.

Branding 52

Branding Brands Branding Designs 52

Erik K Pelton

FEBRUARY 23, 2024

The case relates to First Amendment issues and whether the bar on trademark registration that features the name of an individual is valid. The old system had been launched in was either 2000 or 2002, so it had a very long lifetime. You may have heard about Taco Bell’s challenge to the Taco Tuesday trademark registrations.

Trademark 130

Trademark Registration Social Media Branding 130

SpicyIP

DECEMBER 30, 2023

CCI , the Delhi High Court held that Chapter XVI of the Patents Act is a complete code in itself and overrides the Competition Act, 2002. Tech Square which was passed against a cancellation petition filed by Toyota against the registration of “Alphard” by Tech Square. Setting aside the Single Judge orders in Ericsson v.

IP 112

IP Copyright Trademark Intellectual Property 112