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Trade mark ownership: As easy as A-B-C?

LexBlog IP

Trade mark ownership is an important consideration for any business. Unfortunately however, while seemingly obvious, the concept of ownership is sometimes overlooked and can be more complex than originally imagined. At this point, it may be too late! Let’s start with the legislation – a very good place to start.

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IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright

SpicyIP

IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Bharat Harne Image from here The 161 st Report of Rajya Sabha Parliamentary Committee on Intellectual Property observed (paragraph 11.1) Thus, registration of copyright is completely discretionary and not compulsory.

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Precedential No. 19: Laches Based on Expired Registration Saves EVOGUE from Part of VOGUE's Confusion and Dilution Claims

The TTABlog

The Board rendered a split decision in this opposition to registration of the mark EVOGUE for a wide variety of consumer electronic devices and accessories, tossing out Opposer Advance Magazine's Section 2(d) claim but partly upholding its dilution claim, based on the registered mark VOGUE for, inter alia , magazines and mobile phone software.

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On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms

The TTABlog

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). According to Section 2(d), Australian was required to show ownership of a mark "previously used in the United States. equally oxymoronic? -

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Precedential No. 11: TTAB Dismisses SKËNDERBEU Brandy Opposition for Failure to Prove Priority and Fraud

The TTABlog

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." Fraud: Illyrian alleged that ADOL committed fraud by falsely claiming ownership of the subject marks. See also Chem. Conmar Form Sys.,

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TTAB Finds Two KR Design Marks For Cosmetics Confusingly Similar

The TTABlog

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.

Design 44
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5th Circuit holds that inquiries weigh less than lost sales but can still be evidence of actual confusion

43(B)log

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