IP and Legal Filings

DECEMBER 17, 2024

This blog discusses the concept of non-conventional trademarks, its use in Pharmaceutical Industries, relevance and complexity surrounding the registration process under Indian Law. Section 9(1) (a) states that non–distinctive trademarks are not eligible for registration, which presents a challenge for single-colour trademarks.

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SpicyIP

AUGUST 8, 2023

A crucial argument by the defendant was that the plaintiff was aware of the defendant’s mark, containing the word ‘MODERN’, since 2003/2010. It held that the defendant’s use of the mark since 1990, coupled with its registration, strengthens their claim.

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Intepat

JULY 12, 2021

The registration of unconventional trademarks is not new in India. The purpose of this article is to determine whether a motion mark is registrable under the current Trade Marks Act of 1999 (“the Act”). TOSHIBA recently applied for registration in India with an application number. INTRODUCTION. CONCLUSION.

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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. Nor did respondent have advertising material or seek FDA approval.

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Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

Rule 24 and 24A of the Patent Rules, 2003. Rule 24C of the Patents Rule, 2003 states that an applicant may also apply for an expedited examination through Form 18 with the prescribed fee. The post Patent Registration Process in India appeared first on Biswajit Sarkar Blog. Respond to the Objection.

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Velocity of Content

FEBRUARY 9, 2023

In my roles as both Treasurer of the ISO registration authority for the International Standard Name Identifier (ISNI) and Senior Director, Publishing Industry Data at CCC, I have the opportunity to observe and participate in the worlds of identifiers as well as workflow solutions that offer a deeper level of understanding of organizational data.

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Kashishipr

MAY 11, 2022

However, the complications and issues arise in the cases falling outside the ambit of conventional or traditional trademarks, where the registration of which becomes arduous to be given an exclusive status. 2003 (27) PTC 478 Del. Law on Color Trademarks in India. Colgate Palmolive Company vs. Anchor Health & Beauty Care Pvt.

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IP Law 360

MARCH 14, 2024

fairly used the phrase "red gold" to describe the color of its products after a California jeweler with a 2003 trademark registration battled the Swiss watchmaker over its use of the phrase. A split Second Circuit panel on Thursday affirmed a Connecticut federal judge's decision that Breitling USA Inc.

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IP and Legal Filings

OCTOBER 4, 2021

And finally, the documents required for filing for registration. The Water (Prevention & Control of Pollution) Cess (Amendment) Act, 2003. In the previous piece , we discussed the DPIIT recognition of Startups and how startups can get themselves registered. Startup India: 80 IAC Tax exemption.

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IP and Legal Filings

JUNE 26, 2023

i] Cases and registrations indicate that registrability or successful enforcement of rights can happen only if such marks have acquired distinctiveness through use or where numerals are used as a fanciful device or when the numeral is used in a descriptive sense and not as a trademark.

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SpicyIP

SEPTEMBER 11, 2023

If so, what will be the liability of such agents – damages, suspension, or cancellation of registration? Suggestions and Conclusion Given these reasons, a patent or trademark agent whose negligence harms their clients is liable to lose their registration and can be barred from appearing before relevant authorities.

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IP and Legal Filings

MARCH 8, 2023

The Plaintiff’s first registration in India dates back to the year 1993 in Class 16, and the Plaintiff claimed to have been utilising and holding registration rights for the Trade Mark since October 2003 for the hospitality industry (class 42).

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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. Wymeersch (2003) CMLR op.cit., i] Dan Prentice, ‘The Incorporation Theory – The United Kingdom, [2003] 14 European Business Law Review 631. [ii] x] Roth (2003) op.cit.,

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The IPKat

OCTOBER 12, 2022

The Wikipedia entry begin as follows— For the 2003 novel, see The Miniaturist (Kunal Basu novel)." Title of a Single Creative Work The title, or a portion of a title, of a single creative work must be refused registration under §§1, 2, and 45 of the Trademark Act, …. Trademark Manual of Examining Procedure (the "TMEP").

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IP and Legal Filings

NOVEMBER 30, 2022

Additionally, it requires Cambodia to maintain online databases with data on applications and registrations for patents, industrial designs, and trademarks. Cambodia reaffirms its dedication to upholding the necessary regulations that mandate that its central government utilise only non-infringing software. Conclusion.

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IP and Legal Filings

JULY 13, 2022

However, in 2003, with the case of Eastern Book Company v. This will remain in force for 10 years from the date of registration but can be extended for another 5 years, subject to certain conditions. There are three different scenarios which need to be looked at in this regard.

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U.S. Department of Commerce

FEBRUARY 23, 2023

Census Bureau including the projected Black population, voting registration, marital status, and jobs, please see the latest issue of the Facts for Features: National Black (African American) History Month 2023. Who was the first person to establish Black History Week in February? Abraham Lincoln b. Fredrick Douglass 2. 1,000 - 5,000 b.

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LexBlog IP

JULY 6, 2021

However, from 2003 to 2019 , the average number of SPAC IPOs per year was just 23, and SPAC IPOs have never raised more than 20% of total U.S. This post discusses current SPAC regulations and explores why investors should think carefully before investing in SPACs. The Year of SPAC. IPOs and 46% of total U.S. IPO proceeds.

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SpicyIP

AUGUST 14, 2023

In an incisive post, Mathews argues that the DHC’s ruling is too broad and ignores the cutoff date (in 2003 – 13 years prior to the amendment of the Rules) for placing the reservation within the country’s Patent Rules. Agra Leather footwear and Jalesar metal crafts get GI registrations. Case: Paul Components Pvt.

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SpicyIP

AUGUST 3, 2023

Moreover, the GI registration of Basmati has been a big issue in itself for which the Agricultural and Processed Food Products Export Development Authority (APEDA) was empowered to register it. What’s in the GI Registration numbers? : decades, and the number has now reached an impressive 478 GI registrations as per the DPIIT website !

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The TTABlog

MAY 6, 2024

91264855 (June 27, 2003) [pdf here ], because the USPTO raised "legitimate concerns about the Board’s findings on the relatedness between ERB’s goods and iFIT’s services and also wishes to reconsider the decision in light of Naterra International, Inc. v ERB Industries, Inc. Opposition No.

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IP and Legal Filings

JANUARY 30, 2022

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990.

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SpicyIP

JANUARY 14, 2024

Subsequently, in December 2021, the PPVFR Authority revoked PepsiCo’s varietal registration certificate for FL-2027 following a petition by activist Kavitha Kuruganti, alleging false information in the certificate of registration.

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Patently-O

OCTOBER 18, 2023

18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Their disagreement centers on the scope of “maintaining” a registration and policy concerns over deterring false statements. I’m sure they are lovely.

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Indiana Intellectual Property Law

AUGUST 18, 2021

Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”). Registration No. Service Mark Registrations, Nos. Get To Know GetGo. 92077459.

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Kashishipr

AUGUST 2, 2021

A Unique Temporary Registration Number (UTRN) is generated on filing the online application. After approval of the application for recordation by the Commissioner of Customs, the UTRN will be converted to UPRN (Unique Permanent Registration Number), and the said UPRN would be issued, which confirms the recordation.

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The TTABlog

AUGUST 30, 2024

The Board noted that the record "is devoid of any uses of, or registrations containing, 'ugly dog' for 'alcoholic beverages.'" 2003) (quoting Jacobs v. In re Saloon Promotions, Inc. 90849904 (August 28, 2024) [not precedential] (Opinion by Judge Melanye K. It therefore found the cited mark to be arbitrary and inherently distinctive.

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Copyright Lately

JANUARY 16, 2022

The 2003 copyright notice at the bottom of the title page is in the name of Kirkman and Walker. Curiously though, copyright registrations in the comic were filed solely in the name of Robert Kirkman, LLC back in 2003 as a work for hire. Invincible #1. Did the Parties Intend that Crabtree’s Contributions Would Be a Work for Hire?

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IP and Legal Filings

AUGUST 8, 2024

IMPROTANCE OF PATENT REGISTRSTION The registration of the Patent is essential for the inventors and businesses alike, providing a multifaceted protection for an invention. The registration unlatches the possibility to monetize the invention. Moreover, a patent registration makes the competitive advantage stronger.

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Technology & Marketing Law Blog

MARCH 14, 2024

Cohen from 2003, which held that under California law, an internet domain name was a form of intangible property that could serve as basis for the registrant’s conversion claim. 3d 296 (2003). In the Ninth Circuit, the most important case to open the door to a broader category of conversion claims was Kremen v.

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IIPRD

JUNE 29, 2022

MULTIPLE IP REGISTRATION AND THEIR PROTECTION. Many readers may believe that all of these design registrations are superfluous. Rather than just claiming infringement of the famous Toile Monogram Design, it was discovered that they had 9 other trademark registrations that used elements of it.

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IP and Legal Filings

OCTOBER 6, 2022

Under the current legal status of Sri Lanka, the Intellectual Property Act No 36 of 2003 (IP Act) provides varieties of protection for GIs. 38 of 2003. However, Sri Lanka doesn’t have a registration system for GIs. This could be achieved by implementing a registration system for GIs. Section 142 (5)). Conclusion.

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IP and Legal Filings

SEPTEMBER 26, 2024

The Geographical Indications of Goods ( Registration and Protection) Act,1999 provides provisions that prevent the G.I. Geographical indications bring a sense of security that protects unique property that belongs to a particular geographical location, increasing its value in the market. Tags from being violated and misused.

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SpicyIP

NOVEMBER 7, 2023

As a brief background, the order stems from a bunch of writ petitions filed against the IPAB order dated 28 June 2013, whereby the Board had allowed rectification petitions challenging the registration of the “Ayur” mark in favor of Ayur United Care (petitioner). Does the Single Judge Step Into the Shoes of the IPAB?

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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.

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SpicyIP

JULY 4, 2024

The accompanying guidelines to the notice give other relevant information about the registration process, issuance of admit cards, nature of the written examinations, and importantly the syllabi for the exams, which seem to have changed a bit. The notice is linked here and the guidelines for the exams are here.

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Garrigues Blog

NOVEMBER 11, 2021

It could be said that this decision rules out the possibility of applying some sort of principle of specialty, typical of trademark registrations, on designs, which would limit protection to a particular sector. The Supreme Court recognizes that Article 7.1

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