Remove 2003 Remove Advertising Remove Intellectual Property Law
article thumbnail

Saving your Mark from Trademark Genericide

Kashishipr

Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications. One advertisement of ESCALATOR, for example, began as “Otis elevators, Otis escalators.” A catchy advertisement slogan may be risky for the trademark.

Trademark 105
article thumbnail

Can A Single Colour Mark Acquire Registration In India?

IP and Legal Filings

So if a proprietor engages in a heavy advertisement campaign denoting the colour saying, “look for the one with the [blue] wrapper” [32] , the colour can acquire distinctiveness over time. 2003) 27 PTC 478 at para 63. See also: Libertel Group BV and Benelux-Merkenbureau [2003] E.T.M.R. 2003) 27 PTC 478. [19]

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

QR codes with company logos can be a recipe for disaster – or a patent lawsuit

LexBlog IP

Say your company wants to run a new advertising campaign that includes a QR code for people to scan for additional information about your products or services. You launch your advertising campaign hoping for an increase in business – but the next thing you know, you are being sued for patent infringement in federal court.

Patent 52
article thumbnail

Beyond The Ordinary: The Rise in Use of Non-Conventional Trademarks in Pharmaceuticals Industry

IP and Legal Filings

Abstract In the changing landscape of intellectual property law, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. 2003), acknowledged that a combination of colours and function as a great mark if it develops distinctiveness through consistent use over time. [3]

article thumbnail

Get 2 Go Sued for Alleged Trademark Infringement of getGo®

Indiana Intellectual Property Law

Because several of the getGo® Marks have been in use continuously since at least 2003, and Plaintiffs apparently complied with all further requirements, they are incontestable under 15 U.S.C. Further, Giant Eagle claims it has spent millions of dollars to advertise and promote its services using the getGo® Marks.

article thumbnail

Fish & Richardson Elevates 17 Attorneys to Principal 

Fish & Richardson Trademark & Copyright Thoughts

magna cum laude , from George Mason University School of Law in 2014 and his B.S., Dr. Caleb Bates focuses his practice on intellectual property law, with an emphasis on patent prosecution, strategic counseling, and worldwide patent portfolio management in the pharmaceutical and biotechnology fields. He received his J.D.,

article thumbnail

Privileged Communication for Patent and Trademark Agents: Analysing the Law of Evidence and its Implications on IP Regime

IP and Legal Filings

However, Section 25(2) of the Patents Act, 1907 provides for post-grant opposition against patents [21] and Section 21 of the Trade Marks Act, 1999 , for opposition against trademarks after their advertisement [22] , thereby keeping a check on wrongful grants. 19, 2021), [link] Law Commission of India, Report No. 17] David E.

Law 52