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

SpicyIP

MARCH 9, 2025

There is no registration fee for any of the seminars. Though he applied in 1992, registration was granted only in 2020. Later, he discovered the trademark had expired since 2002 without prior notice, violating Rule 58(3) of the Trade Marks Rules, 2017. Read the post for more details. Citing Jaisuryas Retail Ventures v.

Trademark 58

Trademark Patent Copyright Patent Application 58

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 53

Registration Contracts Advertising Advertising 53

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 130

Blogging Trademark Branding Brands 130

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

SpicyIP

SEPTEMBER 16, 2024

For clarity, it is important to know that Rule 9 of the MP Foreign Liquor Rules focuses on the registration of labels. These Rules are applicable to register labels of wine and beer as well, as per Rule 12 of the MP Beer and Wine Rules.

Trademark Law 80

Trademark Law Intellectual Property Registration IP 80

SpicyIP

DECEMBER 2, 2024

Bournvita’s Sugar Rush Against ‘FoodPharmer’: An Unreasoned Injunction and a Clarification Without Clarity Recently, the DHC passed an interim injunction against the social media influencer ‘Food Pharmer,’ restraining him from disparaging Mondelez’s ‘Bournvita’ and ‘Tang’ branded products.

Invention 52

Invention Trademark Reporting Editing 52

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 70

Artistic Work Registration Copyright Copyright Infringement 70

SpicyIP

SEPTEMBER 16, 2024

CIPL) from infringing the French brand Lacoste’s iconic “Crocodile” device. A Prolonged Struggle for Device Supremacy Dating back to the early decades of the 20th century, with the cropping up of the two fashion brands, the dispute primarily revolved around the rights of the parties vested in the impugned mark.

Trademark 80

Trademark Branding Branding Brands 80

The IPKat

JULY 26, 2024

Where a defendant relies on a trade mark registration as a defence to infringement, the defendant remains protected against infringement until the registration is cancelled by the Court. Sports fans. Cancellation of a registered trade mark is not retrospective and takes effect from the date of the Court’s judgement.

Registration 59

Registration Business Branding Branding 59

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 98

Trademark Advertising Advertising Registering Trademarks 98

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

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

The IPKat

SEPTEMBER 30, 2024

The "Easy" group is famously protective of its trade marks, and does not shy away from suing other companies using "easy"-formative brands. EasyGroup, on the other hand, relied on certain registrations which it acquired from a third party as part of a settlement following another(!) The Court disagreed.

Advertising 69

Advertising Advertising Registration Branding 69

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 98

Trademark Settlement Business Branding 98

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 75

Registration Intellectual Property Law Trademark Branding 75

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

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

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 105

Invention Music Art Patent Application 105

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 103

Trademark Registration Cease and Desist IP 103

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 75

Television Branding Branding Brands 75

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 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 69

Cease and Desist Design Designs Copyright Infringement 69

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

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

IP and Legal Filings

AUGUST 12, 2024

It means the products created by the use of the human mind as well as some resultant inventions, literary works, original designs, and the identities of various trademarks or logos that serve as brands in the market. for new “lines and grains” of “Basmati” rice as a brand name while its headquarters located in Alvin, Texas.

Intellectual Property 52

Intellectual Property Marketing Marketing Branding 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

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

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 45

Designs Design Branding Branding 45

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

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

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

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

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 Business Branding 40

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

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 Registration 40

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks.

Branding 98

Branding Brands Branding Personality Rights 98