IPilogue

FEBRUARY 16, 2023

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. A trademark holder must make “genuine use” of a registration by using it to acquire market share in relation to distinguishable goods or services. Ultimately, the EUIPO declared the trademark registration of Laugh Now invalid.

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Trademark Artwork Registration Art 105

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. These creative concepts are shielded by legal means called patents, copyrights, and trademarks.

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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. Tahhira Somal.

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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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Trademark Law Intellectual Property Registration IP 74

Indiana Intellectual Property Law

AUGUST 9, 2021

Hammond, Indiana – Monster Energy Company (“Monster”), the Plaintiff, claims to be a nationwide leader in marketing and selling ready-to-drink beverages. Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Since 2002, Monster asserts it has spent over $8.5

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

IP and Legal Filings

JANUARY 5, 2023

1] This empowers an enterprise to market its product effectively and allows consumers to differentiate between products of identical natures or classes. The plaintiff by these advertisements has gained a big market all over the world. The fourth schedule to Trade Marks Rules, 2002 – [link].

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Trademark Branding Brands Branding 95

The IPKat

JUNE 25, 2023

“Piment D’Espelette” (Espelette pepper) is a protected denomination of origin (PDO) from the French Basque Country since 2002. It then issues to those local producers, whose pepper is compliant with the PDO’s requirements, a certificate that allows them to market their products under the PDO “Piment D’Espelette”.

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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 93

IP and Legal Filings

NOVEMBER 7, 2022

Businesses can use this intangible right to gain a competitive edge in the market. The goal of competition law is to ensure fair functioning of the market. [1] 1] At a glance both the laws may seem to be conflicting but Intellectual property ensures fair amount of competition in the market which is also the goal of competition law. [2]

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Patent Law Law Patent Intellectual Property 52

IP and Legal Filings

DECEMBER 18, 2022

It is crucial to take into account whether two marks are “deceptively similar,” “similar,” “nearly resembling,” or its equivalent when it comes to the registration of trademarks, which includes the application process, opposition and rectification proceedings, and infringement and passing-off lawsuits.

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Trademark Registration Intellectual Property Branding 96

The IPKat

SEPTEMBER 30, 2024

EasyGroup, on the other hand, relied on certain registrations which it acquired from a third party as part of a settlement following another(!) The aim is to allow proprietors to adapt their marks in accordance with marketing and promotional requirements. The Court disagreed.

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Advertising Advertising Registration Branding 64

43(B)log

SEPTEMBER 11, 2023

Because the plaintiff doesn’t own the relevant registration, its §32 claims fail, but the court allows §43(a) claims to proceed, partially reversing the district court’s grant of summary judgment—but read on for more on what that might look like. Assignments before registration need not be in writing, but the evidence must be clear. “[R]equiring

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Advertising Advertising Marketing Marketing 69

IIPRD

MARCH 17, 2023

Subsequently, the healthcare sector has gained precedence and command over the market. The global nutraceutical market (including functional food, functional beverages, and dietary supplements) is anticipated to grow by 7.5% (CAGR) between 2022 and 2027, in which the United State market share is considered to be the biggest.

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IP Intellectual Property Marketing Marketing 52

SpicyIP

SEPTEMBER 16, 2024

In India, while Lacoste insisted on use since 1993 with trademark registrations going back a decade earlier, CIPL primarily relied on a ‘Co-Existence Agreement’ (CEA) of 1983 between the two companies, which also formed the moot issue of the instant matter.

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Trademark Branding Brands Branding 75

IIPRD

SEPTEMBER 30, 2021

The major impact that IP is making in the market is unfathomable. Effective and timely registration of IPs is now what the company strives for. Some facts were: In the US, nearly 40% of the market value of an average company is absent from its balance sheet. In 2002, Korea exported technology worth US$0.6

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IP Licensing Intellectual Property Marketing 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) ”.

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SpicyIP

MAY 30, 2024

The petitioner, Vans Inc, USA, filed for registration of their mark- VANS in 1992, on a ‘proposed to be used basis’. The petitioner then entered the Indian market in 2011. on the other hand, filed for the trademark IVANS in 2002, claiming use since 1999. The mark was published in 2005 and was registered in 2006.

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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”. The court considered a significant number of other sausages in the German market that are sold in small sizes.

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Art Advertising Advertising Litigation 64

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]. Conclusion.

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Trademark Contracts Intellectual Property Registering Trademarks 52

Intepat

MAY 16, 2023

The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. 14 provides that if anyone files an application for the registration of a trademark, the consent of the living person must be taken and it should not be falsely or fraudulently obtained.

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Branding Brands Branding Personality Rights 98

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.

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Ownership Registration Trademark Contracts 52

DuetsBlog

OCTOBER 21, 2020

I have bad news for you though, if you want a pair, you’ll likely (more on this below) need to spend $2,000 or more, as the very limited run sold out instantaneously and can only be found on the secondary collector’s market on platforms like StockX. Registration No. Registration No. sneakerheads. 3711305 ). . 4176490 ). .

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Branding Brands Branding Registration 59

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.

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Artistic Work Design Designs Copyright 45

The IPKat

MARCH 14, 2023

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. Neither the EUIPO nor competitors in the market could determine the nature of the constituent elements of the design, if non-visible elements were taken into account.

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Designs Design Art Registration 84

LexBlog IP

FEBRUARY 22, 2022

Previously, the Court of Appeals for the Federal Circuit’s (Federal Circuit) held in In re Bose that a trademark is only obtained fraudulently if the applicant or registrant knowingly makes a false, material representation with the intent to deceive the USPTO. [2] The defendant made such a claim regarding the mark at issue.

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Registration Trademark Marketing Marketing 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. Morbier was not a generic denomination.

Art 78

Art Registration Licensing Marketing 78

Intepat

MAY 4, 2023

While one aims to regulate and ensure that markets operate efficiently in a fair and competitive manner, the other aims to grant a certain level of protection which may be considered to have monopolistic tendencies. Therefore any agreement or practice which may have an adverse effect on the Indian markets is prohibited under the Act.

Law 52

Law Patent Settlement Inventor 52

Kashishipr

AUGUST 24, 2022

A trademark refers to any mark capable of being represented graphically, identifying the products or services of one and distinguishing them from those of others in the market. The Indian Hotels Company Limited filed a Trademark Application for the Taj Mahal Palace Hotel in Mumbai and obtained its registration.

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Trademark Branding Brands Branding 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. Unlike the U.S.,

Designs 52

Designs Design Trademark Intellectual Property 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

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. This from a Court that has struck down two statutory trademark registration provisions for burdening speech. at 156 (citation omitted)”). Tam , 582 U.S.

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Blogging Trademark Branding Brands 120

Kluwer Copyright Blog

OCTOBER 20, 2022

82 of the year 2002 on the Protection of Intellectual Property Rights, otherwise known as Egypt’s first IP Code. 82 of the year 2002 on the Protection of Intellectual Property Rights. . In the wake of this event, one cannot help but wonder if Egypt is finally set to overhaul law no.

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Intellectual Property Copyright IP Government 63

The TTABlog

JANUARY 31, 2022

USPTO refused registration as to the Class 5 goods on the ground that the goods are "per se unlawful under the FDCA and therefore Applicant does not have a bona fide intent to use the mark in lawful commerce under Sections 1 and 45 of the Trademark Act." In re Harbor Hemp Company LLC , Serial Nos. FDA announcement here )].

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Registration Trademark Law Designs 52

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. This means that registration will only be granted when the proprietor could show prior and continuous use and the customers could relate the name with his product 4.

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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.

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Intellectual Property Law Intellectual Property Trademark IP 113

Technology & Marketing Law Blog

JANUARY 17, 2024

UIRC obtained copyright registrations for two versions of its documents. Despite UIRC’s copyright registrations, the court says the UIRC’s edits aren’t copyrightable: UIRC did not independently create most of the language in the documents at issue. UIRC retained William Blair to help promote its bonds.

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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 ).

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Registration Intellectual Property Law Trademark Branding 70

The TTABlog

AUGUST 30, 2023

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. That both parties market and sell their products through the Internet is unpersuasive.

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Designs Design Branding Brands 57