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.

Trademark 126

Trademark Registration Marketing Marketing 126

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].

Trademark 86

Trademark Branding Brands Branding 86

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]

Patent Law 52

Patent Law Law Patent Intellectual Property 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.

Trademark 83

Trademark Registration Intellectual Property Intellectual Property Law 83

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.

Trademark 88

Trademark Registration Intellectual Property Branding 88

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.

IP 52

IP Intellectual Property Marketing Marketing 52

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.

Trademark 45

Trademark Marketing Marketing Registration 45

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

IP 52

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) ”.

Designs 64

Designs Design Reporting Registration 64

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

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.

Branding 98

Branding Brands Branding Personality Rights 98

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.

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

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.

Designs 84

Designs Design Art Registration 84

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 ). .

Branding 59

Branding Brands Branding Registration 59

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.

Registration 52

Registration Trademark Marketing Marketing 52

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

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

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.

Trademark 52

Trademark Branding Brands Branding 52

Canadian Intellectual Property Blog

OCTOBER 14, 2020

It has been almost two years since the federal legalization of cannabis, and Canada’s legal cannabis market is quickly blossoming into a massive industry. The market is constantly growing with many US states (e.g., Market research predicts that the global legal cannabis market could reach CAD $100 billion by 2027 [1].

Intellectual Property 52

Intellectual Property Intellectual Property Law Designs Design 52

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.

Intellectual Property Law 104

Intellectual Property Law Intellectual Property Trademark IP 104

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 )].

Registration 52

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.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

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.

Copyright 47

Copyright Copying Copyright Infringement Editing 47

LexBlog IP

JANUARY 25, 2024

” [12] That AJ Press applied for registrations of “Punchbowl News” and “Punchbowl Press” was a strong indication that the marks are source-identifying. As a result, the expressive qualities of the marks are not relevant; Rogers does not apply. 1] Punchbowl, Inc. AJ Press, LLC, 52 F.4th 4th 1091, 1095-96 (9th Cir.

Trademark 40

Trademark Designs Design Branding 40

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.

Designs 56

Designs Design Branding Brands 56

The IPKat

APRIL 26, 2023

4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). Assuming an incorrect or at least questionable date from the outset would violate the presumption of lawful conduct of market players, which is a presumption that has been accepted by some courts (e.g. 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Designs 73

Designs Design Art Intellectual Property 73

The TTABlog

AUGUST 2, 2021

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. William Shen, the CEO of Respondent ACIGI, filed the underlying application and then assigned the registration to ACIGI soon after issuance.

Registration 52

Registration Ownership Licensing Trademark 52

LexBlog IP

JANUARY 21, 2022

Then we heard from someone who raised concerns about accessing WHOIS domain name registration information and the need for protection of children engaged in online financial activities. Both franchisee owners asked the FTC to look into actions of franchisors that made it difficult for the franchisees to succeed.

Reporting 40

Reporting Artwork Registration Government 40

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Kiren Willy, India: e-commerce market size 2030 | Statista , [link] (last visited Sep 7, 2023).

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

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

43(B)log

AUGUST 4, 2023

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? But none reached the market despite millions in R&D from National Institute of Justice. Costly inefficiencies in supply and demand.

Copyright 52

Copyright Fair Use Marketing Marketing 52

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. Instances of companies using IP as collateral during times of distress are as follows: Xerox pledged its Patents as collateral due to problems faced concerning financial fraud and certain distress in 2002.

IP 40

IP Intellectual Property Branding Brands 40

The TTABlog

MAY 8, 2024

"The similarities of the marks, coupled with similarity in goods marketed in the same trade channels to the same classes of consumers" led to the Board conclusion that confusion is likely "resulting from registration of the Application." [Is Can registration of a mark cause confusion? - 2002); s ee also Detroit Athletic, 903 F.3d

Registration 60

Registration Marketing Marketing Trademark 60

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”.

Art 75

Art Marketing Marketing Registration 75

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.

Blogging 113

Blogging Trademark Branding Brands 113