The IPKat

NOVEMBER 23, 2024

The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. Katy Perry is a famous American pop artist, who was born Katheryn Hudson, but adopted the stage name Katy Perry in 2002.

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The IPKat

MARCH 14, 2023

Designs are meant to protect the appearance of a product or a part thereof. 6/2002 (‘Design Regulation’) stipulates:-- A Community design shall not subsist in features of appearance of a product which are solely dictated by its technical function. The existence of other design alternatives was considered irrelevant.

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IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

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LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

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JD Supra Law

DECEMBER 16, 2022

Earlier this fall the Federal Court of Canada issued a rare decision concerning industrial design infringement and reaffirmed several points of law favouring holders of industrial design registrations in Canada seeking to enforce their rights. By: Smart & Biggar

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Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

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The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ).

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IP and Legal Filings

AUGUST 30, 2022

The process of trademark registration in Qatar is governed by the Law no. 9 of 2002 pertaining to Trademarks, Commercial Indications, Trade Names, Geographical Indications, and Industrial Designs and Models. A single application for registration may be filed for a group of marks upon payment of the prescribed fee.

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LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

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Design Designs Trademark Intellectual Property 52

SpicyIP

JULY 14, 2021

Smell marks are or have been heavily debated around the world and are privy to their own set of issues in terms of registration. Internationally, the statutory requirements for the registration of non-conventional trademarks varies across jurisdictions. Issues and Barriers to the Registrability of Smell-marks.

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The TTABlog

JUNE 28, 2022

Kretet also pointed to its ownership of a registration for a similar mark for non-medicated skin serums, but the Board was unimpressed. 90369855 (June 24, 2002) [not precedential] (Opinion by Judge Peter W. Nor were there any limitations on channels of trade or classes of consumers in the cited registration. not contestable"?

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SpicyIP

DECEMBER 2, 2024

Image from here Analysing the Riyadh Design Law Treaty in the Indian Context After nearly two decades of negotiations, WIPO Member States have adopted the Design Law Treaty (DLT). In this post by Kartikeya S., he discusses the key points from the treaty.

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SpicyIP

JULY 10, 2023

We also highlighted that the CGPDTM will recruit 553 Patent and Design Examiners with the help of an autonomous organization, the Quality Council of India. The court held that this information is important as the law prescribes that registration to ‘extant variety’ cannot be granted if 15 years have passed from the date of the first sale.

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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. Basf Se vs Joint Controller Of Patents And Designs and Ors.

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IP and Legal Filings

AUGUST 11, 2023

2] This new set of marks is often referred to as non-traditional trademarks , and the qualification for their registration, as opposed to a traditional mark, is substantially higher. [3] I do this by demonstrating the statutory criteria for trademark registration and then applying the set criteria to check the registrability of braille.

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Trademark Registration Intellectual Property Intellectual Property Law 98

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) ”.

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The IPKat

APRIL 27, 2024

Analysis of these cases often raises questions about the conditions for protection under copyright and design law, and even about the concept of cumulative protection. Facts ROSAE PARIS designs and sells ready-to-wear clothing, leather goods and accessories. A Kat taking a rest. The court then analysed the copyright infringement.

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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). Respondent's evidence and testimony showed that its principal had worked in the birth control industry since 1989, designing a "relaxed-fit" condom.

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SpicyIP

MARCH 13, 2023

Highlights of the Week Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with its own Biological Diversity Act, 2002. Microsoft v.

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Intellectual Property Law Intellectual Property Trademark IP 119

LexBlog IP

JANUARY 18, 2023

Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. Pentapharm AG , 2002 WL 31749195, at *6 (N.D. Under Section 1051(e) of the Lanham Act, 15 U.S.C. Jiaxing Micarose Trade Co.,

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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. Moving on, the Court found significant similarities between the labels, including the numeral “6000,” color schemes, and design elements, which could lead to confusion in the market.

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IP and Legal Filings

DECEMBER 18, 2022

Trademark is a kind of intellectual property which is capable of being represented graphically, it can be any word, design, symbol, phrase, design, shape, packaging of goods etc. In 2002, the defendant started using trade mark ‘AZIWIN; in the market for the azithromycin tablets. Introduction. certification mark etc.

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Trademark Registration Intellectual Property Branding 98

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.

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IP and Legal Filings

FEBRUARY 10, 2023

iii] [Image Sources : Shutterstock] As a result, a corporation is globally recognized when it has met the registration criteria in its State of incorporation. Ebke, ‘The ‘Real Seat’ Doctrine in the Conflict of Corporate Laws’, 36 [2002] International Lawyer 1015- 1037, 1016. vi] Ebke (2002) op.cit., Rammeloo, op.cit.,16;

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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”).

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SpicyIP

AUGUST 30, 2024

An Analysis of the Order Firstly, for context, a rectification application must be filed under Sections 47, 57, 68 , or 77 (as applicable) of the TM Act read with Rule 92 of the Trade Marks Rules, 2002. 2016) held that Section 124 does not limit a party’s ability to seek rectification of a trademark registration.

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Intepat

NOVEMBER 14, 2022

” The system of trademark classification eases the process of registration of a trademark. Thus, it gives the trademark registration process a definite structure. The Fourth Schedule to the Trademark Rules, 2002, lays down the different trademark classes. Services for providing food and drink; Temporary accommodation.

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The IPKat

MAY 2, 2023

Copyright The Court also established that Lidl’s mark was protected by copyright as an original artistic work under Section 4 of the Copyright, Designs and Patents Act 1988. Tesco also claimed that Lidl had applied to register the latter as a trade mark in bad faith.

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DuetsBlog

OCTOBER 21, 2020

The “SB” version (for s kate b oarding) was launched in 2002 and has appeared in countless collaborations, many of which are highly sought after among shoe collectors, a.k.a Registration No. Registration No. As described in the registration, the mark consists of the image of a cow in black and white, standing on green pasture.

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Branding Branding Brands Registration 59

IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] Both treaties were established during diplomatic gatherings in Madrid, Spain.

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TorrentFreak

MAY 31, 2024

Four of those were rejected in Q1 2024 for complaining about the registration of a website, not an established website where infringement is taking place. It’s designed to prevent advertisers from doing business with the sites but also rolls in ISP blocking for good measure. pirateproxy.live 1337x.gd pirate-proxy.pw to 320ytmp3.info

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IIPRD

APRIL 3, 2024

1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] Tahiliani Design Pvt.

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LexBlog IP

DECEMBER 19, 2023

CHRISTMAS became a registered trademark for “Christmas Ornaments and Decorations of the Non-Electrical Type” way back in 1966 (Registration No. ” Scrooge wasn’t the only one who had that idea: a business owner registered ALWAYS CHRISTMAS & Design as a service mark in 1995 (Registration No.

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Trademark Registration Registering Trademarks Service Mark 52

The IPKat

FEBRUARY 16, 2023

In the 1990s, an association of morbier producers applied for registration of PDO “Morbier”. After approving the registration in 2000, French authorities transferred the file to the European Commission for an EU-wide registration. In 2002, morbier became a PDO.

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Canadian Intellectual Property Blog

OCTOBER 14, 2020

Industrial designs are another useful tool in your IP arsenal and can be used to protect the three-dimensional features of a shape and configuration, as well as the two-dimensional features (patterns and ornaments) of finished products intended to be sold (e.g., Once granted, an industrial design offers protection for up to 15 years.

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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. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. CCI and Monsanto v. Microsoft Technology Licensing v. In Microsoft v.

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SpicyIP

OCTOBER 30, 2023

The article analyses Sumitomo’s application and the requisites for registration of an olfactory mark. A Brief About Olfactory Marks Sumitomo’s application is particularly interesting because this was the first olfactory trademark registration in the UK (see here ) and has since lapsed.

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