The IPKat

MARCH 12, 2025

A Kat awaiting weekly IP updates Designs Katfriend Henning Hartwig reviewed the interpretation of Articles 6 and 14 of Regulation 6/2002 (CDR). Another eventful week in the IP world has passedheres what to keep in mind!

Intellectual Property 64

Intellectual Property Designs Design Intellectual Property Law 64

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

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

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

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. By: International Lawyers Network

Registration 52

Registration Designs Design Law 52

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.

Registration 52

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

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

Registration 52

Registration Designs Design Public Domain 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.

Registration 52

Registration Copying Trademark Designs 52

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

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

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.

Registration 52

Registration Trademark Government 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 98

Trademark Registration Intellectual Property Intellectual Property Law 98

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 98

Registration Copyright Infringement Trademark Copyright 98

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

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 98

Trademark Brands Branding Branding 98

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 72

Designs Design Registration Intellectual Property 72

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 105

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.

Registration 53

Registration Contracts Advertising Advertising 53

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.

Copyright 116

Copyright Licensing Derivative Work Social Media 116

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 98

Law Business Government Journalism 98

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.

Trademark 59

Trademark Patent Copyright Patent Application 59

The IPKat

OCTOBER 1, 2021

As background to a (lengthy) case leading to interesting decision of the General Court, the EUIPO’s department responsible for the trade mark register erroneously rectified the registration of Veuve Cliquot’s iconic orange mark as “another mark” or a “colour mark”, in lieu of a figurative mark.

Registration 107

Registration Law 107

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 53

Registration Trademark Litigation Government 53

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 105

Trademark Registration Intellectual Property Copying 105

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 64

Registration Marketing Marketing Trademark 64

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 56

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.

Trademark 98

Trademark Registration Intellectual Property Branding 98

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.

Registration 122

Registration Patent Law Litigation IP 122

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 40

Registration Trademark Ownership Advertising 40

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

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

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 119

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.

Invention 52

Invention Trademark Reporting Editing 52

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 98

Trademark Advertising Advertising Registering Trademarks 98

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 70

Artistic Work Registration Copyright Copyright Infringement 70