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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Registration Trademark Art Blogging 52

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.

Registration 52

Registration Trademark Art Blogging 52

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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Registration Trademark Government 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. Examination.

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SpicyIP

AUGUST 10, 2023

The case revolved around SAP Se (Appellant) trying to furnish new evidence according to the Trademark Rules, 2002. It started trading in India in around 1992 under the mark “SAP” and applied for trademark registration in 1999. The Appellant herein was a software entity providing business solutions for a number of industries.

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Trademark Law IP Registration 91

Garrigues Blog

SEPTEMBER 7, 2021

This latter characteristic means that there must be differences between the new design, when viewed overall, and the designs that existed prior to the registration application. of Regulation 6/2002. of Regulation 6/2002). of Regulation 6/2002, in which the component part is necessary for maintenance, servicing or repair work.

Designs 90

Designs Design Intellectual Property Registration 90

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

JULY 12, 2022

As noted by GuestKat Becky Knott in her earlier post ( here ), brand owners have been very active in protecting their brands through attempts to secure trade mark registrations in response to the rise of the Metaverse.

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Non-Fungible Tokens Branding Brands Branding 144

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.

Registration 52

Registration Trademark Ownership Advertising 52

The IPKat

JANUARY 25, 2024

The GC recalled that “a design is declared invalid, in accordance with the provisions of Article 8 of Regulation No 6/2002, only in the case where all of its characteristics are excluded from protection. In this context, Lego filed design registrations related to modular systems composed by its bricks.

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Designs Design Registration Intellectual Property 67

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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Registration Trademark Litigation Government 67

The IPKat

NOVEMBER 7, 2021

In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). 4(2) of Regulation 6/2002 [i.e., 11(2) of Regulation 6/2002 (para. 11(2) of Regulation 6/2002 (para. 6(1) of Regulation 6/2002.

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Designs Design Art Registration 145

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.,

Trademark 52

Trademark Registration Designs Design 52

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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Registration Contracts Advertising Advertising 51

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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Registration Marketing Marketing Trademark 62

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.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 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

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.

Registration 56

Registration Business Branding Brands 56

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

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).

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

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 54

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 103

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 69

Trademark Law Intellectual Property Registration IP 69

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.

Registration 87

Registration Copyright Infringement Trademark Copyright 87

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]

Trademark 95

Trademark Branding Brands Branding 95

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.

Registration 52

Registration Trademark Intellectual Property Law Intellectual Property 52

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.

Trademark 52

Trademark Registration Intellectual Property Trademark Law 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. Welch 2022.

Designs 44

Designs Design Registration Ownership 44

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

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

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

The IPKat

MAY 2, 2023

Furthermore, Tesco argued that further applications in 2002, 2005 and 2007, were also made in bad faith because they were seeking to “evergreen” the 1995 registration recognising that the rights would be lost for non-use in each successive five year period.

Artistic Work 90

Artistic Work Registration Copyright Copyright Infringement 90

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.

Law 92

Law Business Government Journalism 92

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.

Advertising 64

Advertising Advertising Registration Branding 64

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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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?

Designs 52

Designs Design Patent Application Intellectual Property 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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Designs Design Reporting Registration 64