Garrigues Blog

NOVEMBER 24, 2022

It contended that the registration sought only to circumvent copyright provisions In particular, the fact that any enforcement initiatives would require the author to disclose his identity, thus waiving his preciously guarded anonymity. Finally, the Board holds that there is no requirement to use the mark prior to registration.

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Garrigues Blog

NOVEMBER 22, 2022

It contended that the registration sought only to circumvent copyright provisions In particular, the fact that any enforcement initiatives would require the author to disclose his identity, thus waiving his preciously guarded anonymity. Finally, the Board holds that there is no requirement to use the mark prior to registration.

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Registration Trademark Art Blogging 52

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. In the case of UST Global (Singapore) Pte. 1] AID No. 2 OF 2019

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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. Examination.

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Selvam & Selvam Blog

MAY 31, 2024

The evolving landscape of the rules governing extensions of time at the evidence stage of opposition proceedings, particularly examining the transition from the Trade Marks Rules of 2002 (hereinafter “2002 Rules”) to the Trade Mark Rules 2017 (hereinafter “2017 Rules”) is a topic which has sparked significant debate recently.

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SpicyIP

JULY 10, 2023

The Delhi High Court also passed an important order refusing to set aside the order from the Protection of Plant Varieties and Farmers Right Authority, revoking the registration of Pepsico’s FL 2027 potato variety. For instance, the Delhi High Court directed Oppo to deposit the royalty amount, in its high-profile SEP litigation with Nokia.

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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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IP and Legal Filings

JANUARY 5, 2023

And in the case of the trademark registered under classes, the plaintiff has never filed any documents proving that they deal with the food products and such registrations are liable for cancellation for non-usage. The fourth schedule to Trade Marks Rules, 2002 – [link]. 1] Section 2(1)(zb), Trade Marks Act, 1999. [2]

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IP and Legal Filings

NOVEMBER 1, 2023

Court refused the registration for Philips Co. vs. Mehtab Ahmed 99 (2002) DLT 678 Where court observed that the nature of the goods is identical, and it immensely affects the identifying value of the original owner’s mark. c ) The registered trademark has a reputation in India which will be negatively affected. ( In ITC Limited v.

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Trademark Registering Trademarks Branding Brands 105

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). He conducted clinical trials in 2000 and manufacturing began in 2002-2003. He developed his own formula for a lubricant, as well as special packaging.

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Velocity of Content

SEPTEMBER 2, 2021

In the second , I looked at the group registration procedures – recently made available by the US Copyright Office – which are specifically useful to bloggers and to managers of blog sites. Be that as it may, our focus so far has been on the benefits of copyright – specifically copyright registration – for digital content creators.

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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., 12-13; Siems (2002) op.cit.

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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. Read the post for more details. Citing Jaisuryas Retail Ventures v.

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The TTABlog

JUNE 12, 2024

In this opposition to registration of the mark MOUNTAIN GATEWAY COMMUNITY COLLEGE for educational services and various clothing items, Applicant Virginia Community College Systems moved for summary judgment, asserting that the Board lacked subject matter jurisdiction due to state sovereign immunity. Maritime Comm’n v. State Ports Auth.,

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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

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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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The TTABlog

JULY 8, 2022

The USPTO refused registration (on the Supplemental Register) of the proposed mark FILATI in the stylized form shown below, for "Knitting yarns; Thread; Yarn; all of the foregoing for textile use," on the ground of genericness. 88807623 (July 7, 2002) [not precedential] (Opinion by Judge Marc A.

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Registration Copyright 56

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. These Rules are applicable to register labels of wine and beer as well, as per Rule 12 of the MP Beer and Wine Rules.

Trademark Law 81

Trademark Law Intellectual Property Registration IP 81

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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SpicyIP

DECEMBER 26, 2021

This finding is almost the entirety of the ratio for cancelling Pepsico’s registration, and goes to the extent of questioning as how a sophisticated corporate having over a century’s experience in protecting IP rights, could have failed on such account.

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The TTABlog

JULY 5, 2023

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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LexBlog IP

JANUARY 18, 2023

There are also cases on both sides of the issue where courts have held that trademark registrations related to the underlying controversy are sufficient to establish specific or personal jurisdiction. Pentapharm AG , 2002 WL 31749195, at *6 (N.D. to justify jurisdiction. In an earlier decision in Haemoscope Corp. See also Quick Techs.,

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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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Brands Branding Branding Personality Rights 98

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 119

SpicyIP

DECEMBER 2, 2024

vs M/S Mh 7 News And Anr on 20 November, 2024 (Delhi High Court) Image from here The petitioner, engaged in broadcasting services under the registered trademark “MH1/MH ONE” since 2002, sought cancellation of the respondent’s trademark “MH7,” registered in 2017, alleging deceptive similarity.

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IP and Legal Filings

JUNE 10, 2024

Plaintiffs submitted to the court that on 19 th September 2020, Parle had applied for the registration of the trademark, “Be the Fizz! The said application being presently pending, having been opposed by PepsiCo, Parle could not infringe on the trademark registration in the name of PepsiCo. For the Bold!”

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Trademark Registering Trademarks Advertising Advertising 98

IP and Legal Filings

MAY 17, 2022

In the Saudi Arabia, trademarks are governed by the Trademarks Regulation, Royal Decree No M/21 of 28 Jumada Awal 1423 Hejra (corresponding to 8 August 2002), and its Implementing Rules of the same year. Documents required for registration. Final Registration bill. Post which the trademark certification will be issued.

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Trademark Registration Intellectual Property Trademark Law 52

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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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. NICE Classification ). & Ors , it was held that.

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The IPKat

JULY 26, 2024

Where a defendant relies on a trade mark registration as a defence to infringement, the defendant remains protected against infringement until the registration is cancelled by the Court. Cancellation of a registered trade mark is not retrospective and takes effect from the date of the Court’s judgement.

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Garrigues Blog

APRIL 27, 2021

The German company The Kaikai Company Jaeger Wichmann Gbr (applicant) filed a multiple application for registration of gymnastic and sports equipment at the European Union Intellectual Property Office (EUIPO) on October 24, 2018. What are the facts? What was the applicant’s intention?

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Designs Design Patent Application Intellectual Property 52

IIPRD

JUNE 24, 2024

7] WIPO Treaties ‘The WIPO Copyright Treaty’ and the “WIPO Performances and Phonograms Treaty” became effective in 2002, [8] marking a notable milestone in enhancing copyright and related rights protection globally, showcasing substantial advancements and international collaboration.

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Dear Rich IP Blog

SEPTEMBER 19, 2021

Questions: (1) As I understand it, the publisher would have had to submit 2 copies of the magazine to the Library of Congress to complete the registration process. As I understand it, the copyright expired after 28 years, so even if the publisher did comply with the registration process, the copyright would have expired no later than 2014.

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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. 75800094).

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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. Welch 2022.

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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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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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