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

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.

Trademark 98

Trademark Law IP Registration 98

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.,

Registration 67

Registration Trademark Litigation Government 67

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.

Non-Fungible Tokens 144

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.

Designs 67

Designs Design Registration Intellectual Property 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.

Designs 145

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.

Registration 51

Registration Contracts Advertising Advertising 51

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

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.

Trademark 105

Trademark Artwork Registration Art 105

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 81

Trademark Registration Intellectual Property Intellectual Property Law 81

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.

Registration 54

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.

Trademark 93

Trademark Registering Trademarks Branding Brands 93

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

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 85

Trademark Branding Brands Branding 85

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

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!”

Trademark 80

Trademark Registering Trademarks Advertising Advertising 80

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.

Trademark 126

Trademark Registration Marketing Marketing 126

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

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

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.

Copying 52

Copying Copyright Copyright Notice Publishing 52

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) ”.

Designs 64

Designs Design Reporting Registration 64

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 80

Law Business Government Journalism 80

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

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

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].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

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

The TTABlog

MARCH 10, 2022

2002); In re Cooper , 254 F.2d The Federal Circuit has foreclosed the argument that the title of a single work is registrable if it has acquired distinctiveness." MCDM next pointed to third-party registrations for similar role playing game manuals, but the Board once again pointed out the each case must be decided on its own record.

Trademark 52

Trademark Registration Public Domain Publishing 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’. 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. The petitioner then entered the Indian market in 2011.

Trademark 45

Trademark Marketing Marketing Registration 45

IP and Legal Filings

JANUARY 2, 2023

The “FoxMandal” name and “FM” emblem were created and registered by Mr. Som Mandal in the early months of 2002, and it wasn’t until the partners of Fox& Mandal, including his own father, sought for the registration in 2006 that it was denied by the Trademark Registry.

Registration 52

Registration Trademark Business Branding 52

The IPKat

APRIL 27, 2024

6/2002 , the court recalled that an unregistered Community design could be protected provided that it is new and has an individual character. Relying on unregistered Community design may seem practical and view as a cheap option as no registration process is required. The court then analysed the copyright infringement.

Cease and Desist 64

Cease and Desist Designs Design Copyright Infringement 64

IPilogue

FEBRUARY 3, 2023

I have been teaching and researching in intellectual property law at Osgoode since joining the faculty in 2002 and have served as Academic Director of Osgoode’s Professional LLM in IP law since 2009. In other words, I am very well acquainted with all things Osgoode and IP!

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IP Intellectual Property Law Intellectual Property Journalism 81