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

Designs 52

Designs Design Registration Law 52

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.

Designs 84

Designs Design Art Registration 84

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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Registration Trademark Trademark Law Law 92

Plagiarism Today

AUGUST 18, 2022

The system is designed to be navigable by non-lawyers and, instead of a judge and/or jury, the case is heard by a panel of three officers and the entire process is held online. Registration Status at the Time of Filing. Of the registrations, 49 of the registrations were before 2020 and 68 were from before 2022.

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Copyright Registration Music Copyright Infringement 296

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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Designs Design Patent Application Intellectual Property 52

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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Registration Copying Trademark Designs 52

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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Designs Design Art Intellectual Property 73

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.

Designs 52

Designs Design Trademark Intellectual Property 52

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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Designs Design Registration Ownership 44

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.,

Trademark 52

Trademark Registration Designs Design 52

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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Cease and Desist Designs Design Copyright Infringement 64

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.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 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. 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.

Trademark Law 69

Trademark Law Intellectual Property Registration IP 69

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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Registration Contracts Advertising Advertising 51

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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Designs Design Reporting Registration 64

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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Registration Copyright Infringement Trademark Copyright 87

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.

Artistic Work 45

Artistic Work Designs Design Copyright 45

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

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.

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

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 93

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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Registration Trademark Intellectual Property Law 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.

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Invention Music Art Patent Application 100

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.

Trademark 100

Trademark Registration Intellectual Property Copying 100

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.

Artistic Work 90

Artistic Work Registration Copyright Copyright Infringement 90

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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Trademark Registration Marketing Marketing 126

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.

Trademark 96

Trademark Registration Intellectual Property Branding 96

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. Geographical Indication of Goods (Registration and Protection) Act 1999 of India under Section 2(e) describes GI tags.

Intellectual Property 52

Intellectual Property Marketing Marketing Branding 52

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 Brands Branding Registration 59

The IPKat

OCTOBER 31, 2024

Background “Nürnberger Rostbratwürste” (literally, “Nurember grilled sausage”) is a PGI from Germany, registered in 2002. registration documents), this is a PGI for a “7-9 cm long sausage”. According to the product specifications (i.e. As such, “Mini Rostbratwürstchen” does not evoke PGI “Nürnberger Rostbratwürste”.

Art 64

Art Advertising Advertising Litigation 64

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;

Law 92

Law Business Government Journalism 92

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 107

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

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Image Source: IStock].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

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

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

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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Trademark Registering Trademarks Registration Music 98

IIPRD

SEPTEMBER 30, 2021

Effective and timely registration of IPs is now what the company strives for. designed wireless chips, which are manufactured by third parties under contract. In 2002, Korea exported technology worth US$0.6 In 2002, Korea exported technology worth US$0.6 Since 2002 Korea has increased its R&D expenditure from 2.6%

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IP Licensing Intellectual Property Marketing 52