IP and Legal Filings

JANUARY 5, 2023

Trade Mark Act, 1999 (hereinafter referred to as “Act”) defines the term Trademark as “a mark which is capable of distinguishing a product or service of one person from those of others”. [1] The ‘Cycle’ trademark has been domestically and internationally used by the plaintiff since 1954 without anyone’s interruption.

Trademark 98

Trademark Brands Branding Branding 98

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.

Trademark 98

Trademark Law IP Registration 98

SpicyIP

AUGUST 30, 2024

The case involved the trademark “Solidare” (Trademark No. 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. 1574746 in Class 9). Fem Care Pharma Limited & Ors.

Trademark 105

Trademark Registration Intellectual Property Copying 105

Intepat

NOVEMBER 14, 2022

Trademark Classification. When you file for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you must file your brand. ” The system of trademark classification eases the process of registration of a trademark. .”

Trademark 98

Trademark Registering Trademarks Registration Music 98

Garrigues Blog

NOVEMBER 24, 2022

The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘ Laugh Now But One Day We’ll Be In Charge ’, having deemed that it was not registered in bad faith. It concludes that the trademark has distinctive character and is not descriptive.

Registration 52

Registration Trademark Art Blogging 52

Garrigues Blog

NOVEMBER 22, 2022

The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘ Laugh Now But One Day We’ll Be In Charge ’, having deemed that it was not registered in bad faith. It concludes that the trademark has distinctive character and is not descriptive.

Registration 52

Registration Trademark Art Blogging 52

IP and Legal Filings

JUNE 10, 2024

PepsiCo had registered the tagline “For the Bold” as a trademark in 2013 for its Doritos tortilla chips and used it extensively for promotions when it was launched in India in 2015. it filed for a trademark infringement and unfair advantage suit in the court against Parle Agro. For the Bold!”, For the Bold!” Antox India (P) Ltd.

Trademark 98

Trademark Advertising Advertising Registering Trademarks 98

IP and Legal Filings

FEBRUARY 6, 2023

They entered into a trademark war over the common starting syllable ‘THE’ as both the outlets deal with identical goods and services. THEOS’ acknowledged ‘THEOBROMA’ as the owner of the trademark and agreed to not use the mark ‘THEOBROMA’ in any manner.

Trademark 98

Trademark Settlement Business Brands 98

SpicyIP

MARCH 9, 2025

There is no registration fee for any of the seminars. Disposafe Health & Life Ltd & Ors vs Rajiv Nath & Anr on 28 February, 2025 (Delhi High Court) Disposafe Health & Life Care sought an injunction against Hindustan Syringes for using the trademark DISPOSAFE , claiming prior use and risk of passing off.

Trademark 59

Trademark Patent Copyright Patent Application 59

SpicyIP

DECEMBER 2, 2024

Samridhi Chugh and Manya Gupta write about this order, explaining how the Court appears to have convoluted the issues surrounding the interplay between trademarks, disparagement, and free speech, rather than clarifying them. It involved the plaintiff’s registered trademark, “SUPREME”. The defendant did not appear in the suit.

Invention 52

Invention Trademark Reporting Editing 52

IP and Legal Filings

AUGUST 30, 2022

Trademark in Qatar. 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. Power of Attorney (POA): A simple copy of the trademark registration certificate.

Registration 52

Registration Copying Trademark Designs 52

LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 1871712).

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

IP and Legal Filings

MAY 17, 2022

Previously, three governmental bodies had the authority to protect and enforce intellectual property rights: The Ministry of Commerce and Industry for trademarks, the Ministry of Culture and Information for copyright, and King Abdulaziz City for Science and Technology for patents. Trademark in Saudi Arabia. Geographic names.

Trademark 52

Trademark Registration Intellectual Property Trademark Law 52

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

LexBlog IP

JANUARY 18, 2023

Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. In that case, San Antonio filed a proof of service in which it stated that it had served Jiaxing through the Director of the United States Patent and Trademark Office (USPTO).

Trademark 52

Trademark Registration Designs Design 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.

Registration 52

Registration Trademark Government Intellectual Property 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

IP and Legal Filings

SEPTEMBER 16, 2021

The inculcation of such features into products and services has snowballed into the rise of a separate class of trademarks known as ‘non-conventional trademarks’. Global and Indian laws concerning smell trademarks. Thus, Court decisions and the USPTO have time and again granted the registration of smell marks.

Trademark Law 52

Trademark Law Trademark Law Registration 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”). 1125(c).

Cease and Desist 52

Cease and Desist Trademark Brands Branding 52

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

Trademark 52

Trademark Brands Branding Branding 52

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names As Trademark.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

The Second Circuit stayed MSCHF’s appeal of the district court’s ruling that the Wavy Baby infringed Vans’ trademarks pending the Supreme Court’s decision in Jack Daniel’s v. 140 (2023), since that decision was expected to provide guidance to lower courts for resolving free speech defenses in trademark infringement cases. VIP Prods. ,

Blogging 130

Blogging Trademark Brands Branding 130

SpicyIP

SEPTEMBER 16, 2024

This decision thus raises questions about the scope of powers granted under the state’s excise laws and their intersection with trademark law. For clarity, it is important to know that Rule 9 of the MP Foreign Liquor Rules focuses on the registration of labels. But before we get to discussing this, a bit of a background.

Trademark Law 81

Trademark Law Intellectual Property Registration Trademark 81

LexBlog IP

MAY 3, 2022

.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. Trademark (symbols, designs). Trademark (3D designs).

Designs 52

Designs Design Trademark Intellectual Property 52

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

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

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.

Invention 105

Invention Music Art Patent Application 105

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

Trademark 52

Trademark Registration Music Intellectual Property 52

SpicyIP

MAY 15, 2023

Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! Image from here The Delhi High Court has recently been remanding back a lot of unreasoned orders from the IP Offices rejecting a patent or trademark application. Case: Holyland Marketing Pvt. vs Vijay Pal Vineet Kumar And Co.

Trademark 104

Trademark Registration Cease and Desist IP 104

The TTABlog

MAY 8, 2024

Trademark attorneys would be wise to become familiar with the CAFC's 2018 decision in Detroit Athletic [ TTABlogged here ]. Can registration of a mark cause confusion? - 2002); s ee also Detroit Athletic, 903 F.3d At the time, I called it "a primer on much of the law of Section 2(d) as applied by the TTAB." In re BeBella Inc.

Registration 64

Registration Marketing Marketing Trademark 64

SpicyIP

SEPTEMBER 16, 2024

On August 14, the Delhi High Court passed the final judgment in a 23-year-old trademark dispute between Lacoste and Crocodile International. The detailed verdict, heavily punctuated with takeaways for IP observers and fashion enthusiasts alike, is one of the very few final judgements on trademark law passed this year.

Trademark 81

Trademark Brands Branding Branding 81

SpicyIP

MAY 30, 2024

from seeking rectification of FCB Garment Tex’s “IVANS” trademark. Inter alia, Vans Inc backed its arguments for rectification with its recent recognition as a well known trademark. For a well-known trademark, range of protection extends to dissimilar goods and services as well. The respondent, FCB Garment Ltd.

Trademark 45

Trademark Marketing Marketing Registration 45

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

IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] Both treaties were established during diplomatic gatherings in Madrid, Spain.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

SpicyIP

OCTOBER 30, 2023

He represents/ has represented clients in trademark disputes. The article analyses Sumitomo’s application and the requisites for registration of an olfactory mark. The draft trade mark manual goes to the extent of stating that smell marks do not meet the requirement for graphical representation and hence, it is not registrable.

Registration 52

Registration Trademark Intellectual Property Law Intellectual Property 52

The TTABlog

MARCH 10, 2022

Following long-standing precedent, the Board affirmed a refusal to register the proposed mark STRONGHOLDS & FOLLOWERS for "Role playing game equipment in the nature of game book manuals" on the ground that the mark is the title of a single work and therefore does not function as a trademark under Section 1, 2, and 45 of the Lanham Act.

Trademark 40

Trademark Registration Public Domain Publishing 40