Olartemoure Blog

MARCH 16, 2022

It is to be mentioned that many products fall in different regulatory categories than those whereby they were registered in the country of origin, sometimes requiring additional technical documentation for its sanitary registration (Marketing Authorization-MA). Sentence 2004-00883 of June 7, 2018. Arias Regulatory Affairs Manager.

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Registration Branding Brands Branding 98

The TTABlog

MARCH 25, 2025

In an 83-page opinion, the Board dismissed this three-pronged opposition to registration of the mark PANERALUX for various goods in class 9 (e.g., Pumernickel's sales figures lacked industry context.

Registration 56

Registration Brands Branding Branding 56

The IPKat

AUGUST 17, 2021

Zappalaglio observes regional trends in GI registration, which he complements with an analysis of the GIs registered by the EU Member States that joined the EU after 2004. Zappalaglio's empirical research confirms that the PGI system has become the preferred quality scheme in the EU, as it has a less arduous registration procedure.

Law 132

Law Registration Publishing Design 132

Technology & Marketing Law Blog

DECEMBER 15, 2021

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. The registrant counternoticed each time. The court found that the registrant sold about 8.3

Registration 132

Registration Fair Use Copyright Design 132

The TTABlog

JUNE 17, 2024

Court of Appeals for the Fourth Circuit has ruled that Bacardi's challenge to the USPTO's renewal of the registration for that mark may be heard in the federal courts. In 2006, Cubaexport was barred from paying the renewal fee for the HAVANA CLUB registration due to a trade embargo. Bacardi & Co. Vidal , Appeal No.

Registration 53

Registration Trademark Intellectual Property Licensing 53

The IPKat

MARCH 25, 2025

For its opposition grounds based on sections 3(6) and 5(4)(b) TMA, GAP relied on a confidential settlement agreement (the Agreement) entered into between TfL and GAP in 2004, which GAP alleged would be breached both by the filing of the Application and the use of the Mark.

Confidentiality 59

Confidentiality Settlement Registration Intellectual Property 59

IP and Legal Filings

FEBRUARY 20, 2023

[Image Sources : Shutterstock] Icann Rules According to the ICANN rules, the domain name registrant is required to comply with all the standards, requirements, procedures and practices when entering into a Domain Name Registration Agreement with the Domain Name Registrar. Satyam Infoway Ltd v Siffynet Solutions, 6 SCC 145 (2004).

Trademark 98

Trademark Registering Trademarks Registration Trademark Law 98

IP and Legal Filings

SEPTEMBER 12, 2024

Whirlpool was able to claim rights over its trademark in this country, even though it didn’t have a physical presence here and did not have any registration at that time. 28, 2004) [5] Bata India Limited vs Chawla Boot House & Anr on 16 April, 2019 [6] N.R. It underlined brand recognition as borderless in the modern age. [6]

Branding 98

Branding Brands Branding Trademark 98

The IPKat

DECEMBER 10, 2023

Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right holders. Here is what you missed last week on the IPKat.

Registration 69

Registration Copyright Law Copyright Intellectual Property 69

SpicyIP

AUGUST 8, 2023

It held that the defendant’s use of the mark since 1990, coupled with its registration, strengthens their claim. The decision acknowledges the defendant’s long-standing use of the mark and registration while still providing the plaintiff with the possibility of seeking damages in the event of the defendant’s failure.

Trademark 98

Trademark Registration Advertising Advertising 98

SpicyIP

APRIL 21, 2022

There had been an attempt via the 2004 Patent Ordinance to narrow pre-grant oppositions in terms of substance as well as in terms of representation by opposition parties – however this ordinance lapsed and the subsequent bill that replaced it in 2005 expanded it on both these counts, reinstating expansive pre-grants as a necessary safeguard.

Patent Application 131

Patent Application Patent Registration Publishing 131

Indiana Intellectual Property Law

AUGUST 6, 2021

Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

TorrentFreak

DECEMBER 31, 2022

This oversight was eventually spotted and the team managed to extend the registration before it was gone for good. With this 2004 message, the movie industry hoped to turn illegal downloaders into paying customers. — 10. Why the “You Wouldn’t Steal” Campaign Didn’t Work. So why are you pirating?

Copying 141

Copying Publishing Copyright Infringement Copyright 141

The IPKat

NOVEMBER 3, 2023

8(4) EUTMR, brought by Tesla against the registration of the word ‘GIGABIER’ by a German Company. Anastasiia Kyrylenko analysed the recent CJEU preliminary ruling on the enforcement of IP rights in relation to whether Bulgarian criminal penalties for trade mark infringement comply with Directive 2004/48/EC and Art.

Art 72

Art Copyright Patent Application IP 72

The IPKat

NOVEMBER 11, 2021

Compare those patent registrations to the trends in smoking rates and it tells a concerning story. Lesotho, for example , has seen the largest spike in smoking from 15% of its population in 2004 to 54% in 2015. Contrast that with the United States, where 42,189 patents were registered over the past decade.

Intellectual Property 122

Intellectual Property Patent IP Technology 122

The IPKat

MARCH 8, 2023

In such a situation, the owner may not invalidate the later mark or take action against its use in respect of the goods or services for which the later trade mark has been used, unless registration of the later mark was applied for in bad faith (Art. 9(1),(3) of Directive (EU) 2015/2436 (‘EUTMD’)). The plaintiff did not respond.

Cease and Desist 125

Cease and Desist Art Licensing Registration 125

The IPKat

JULY 26, 2024

Where a defendant relies on a trade mark registration as a defence to infringement, the defendant remains protected against infringement until the registration is cancelled by the Court. Background FanFirm Pty Ltd is an Australian business that has operated since 1997 but incorporated in 2004.

Registration 59

Registration Business Brands Branding 59

43(B)log

MARCH 1, 2022

Amount/substantiality: Accepting his allegation that the passage was the heart of the work, the court saw no need to separately address his argument that the separate registration meant that the school district copied the “whole” work. Not for nothing, the Second Circuit has wisely rejected assessing factor three by counting registrations.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

The IPKat

MARCH 2, 2022

Westerlund has 25 years of experience predominantly in the sector of intellectual property-patent law, including from both US and Swedish law firms prior to joining Bavarian Nordic in 2004. Michel and extensively published Professor of Law.

Intellectual Property 95

Intellectual Property Intellectual Property Law IP Patent Law 95

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.

Intellectual Property 98

Intellectual Property Brands Branding Branding 98

The TTABlog

NOVEMBER 25, 2024

The Board denied the motion because the proposed amendment "does not introduce a substantially different issue for trial," since Heil's registrations are broadly worded and cover the goods and services in Tripleye's application even if so amended. Perhaps on a more developed record we would find otherwise.

Registration 56

Registration Design Designs Marketing 56

IP and Legal Filings

SEPTEMBER 26, 2024

The Geographical Indications of Goods ( Registration and Protection) Act,1999 provides provisions that prevent the G.I. This was the first product from India to be granted the GI tag in 2004. Due to a surge in the product’s value, its fineness and quality also increase the demand for such products.

Marketing 105

Marketing Marketing Brands Branding 105

The TTABlog

JANUARY 10, 2022

The party opposing registration has the burden to prove genericness by a preponderance of the evidence. Retail Servs., Freebies Publ’g , 364 F.3d 3d 535, 546 (4th Cir. The CAFC has stated that "the relevant public’s perception is the primary consideration in determining whether a term is generic." Princeton Vanguard, LLC v. Frito-Lay N.

Trademark Law 75

Trademark Law Trademark Registration Government 75

The IPKat

APRIL 1, 2024

The examiner of the EUIPO held that it was not an abstract colour mark but a figurative mark and refused registration for lack of distinctiveness ( Art. The history of the registration has been covered here. mm - excitation purity 0.860 - colorimetric purity: 0,894. 7(1)(b) Community Trade Mark Regulation , ‘CTMR’). 7(3) CTMR ).

Art 83

Art Registration Marketing Marketing 83

43(B)log

SEPTEMBER 8, 2021

trademark registrations for particular colors on mixing tips. 2004), or the colors of pills in Inwood v. “To accommodate different types of dental procedures, mixing tips vary in their diameter, the length of the helixes that mix component materials, and cap sizes.” Mixpac owned twelve U.S. Frosty Bites Distribution, LLC, 369 F.3d

Advertising 75

Advertising Advertising Marketing Marketing 75

SpicyIP

JULY 19, 2021

She highlights the issues and barriers to the registrability of smell-marks. She then uses this as the basis for claiming relaxations from the barriers to registrability of such marks. In a piece for Live Law, Eashan Ghosh critically analyses Section 22(4) of the Indian Designs Act, 2004. Other News from Around the World.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

LexBlog IP

SEPTEMBER 29, 2022

1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). ” General Court of the European Union PRESS RELEASE No 120/21 Luxembourg, 7 July 2021 entitled “The Court gives a ruling for the first time on the registration of a sound mark submitted in audio format.”;

Trademark 52

Trademark Registration Music Intellectual Property 52

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." Priority: Applicant ADOL proved that it first used the subject marks in the United States in April 2004. ADOL Sh.p.k. See In re Bose Corp., ADOL owns a U.S.

Ownership 52

Ownership Registration Trademark Contracts 52

Selvam & Selvam Blog

NOVEMBER 3, 2022

The plaintiff has been using its ‘Fly High’ mark since 2004 for managing and operating training institutes for people wishing to join the aviation, hospitality, travel and customer care management industries. The case, Frankfinn Aviation Services Private Ltd.

Trademark 52

Trademark Social Media Registration Registering Trademarks 52

IP and Legal Filings

FEBRUARY 16, 2023

Image Sources : Shutterstock] A trademark’s removal from the trademark registration is the consequence of non-use. Also, IPAB and Indian Courts did not hesitate to cancel the registration of well-known International brands as it was observed in the case of Cadbury, Burger King and M/s Pops Foods Products (p) Ltd. Beri & Co.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

IP and Legal Filings

MARCH 7, 2022

The owner of a trademark is only protected if the trademark is registered with the Indian trademark registration. In India, the demand for trademark registration is growing by the day, demonstrating that people are becoming more aware of the importance of protecting their products. Registered Trademark. Allergan Inc. (AI)[2004].

Trademark 89

Trademark Law Registering Trademarks Branding 89

The IPKat

SEPTEMBER 26, 2022

It prohibits the registration and use of signs that are “detrimental to socialist morality or customs, or hav[e] any other adverse effect”. Article 10(8) of the PRC Trade Mark Law (2019 Amendment) concerns one of the absolute grounds for refusal/ invalidity. Background [ Case reference: 1st instance: Administrative Judgment No.

IP 88

IP Marketing Marketing Business 88

The IPKat

AUGUST 20, 2021

A history of the proceedings July 2017: High Court refuses a pre-trial reference to the CJEU as premature [2017] EWHC 1769 (see Retromark Volume II ) February 2018: High Court’s 358 paragraph judgment finding infringement subject to referral questions [2018] EWHC 155 (see Retromark Volume III ) April 2018: High Court sets the questions for the CJEU (..)

Registration 58

Registration Brands Branding Branding 58

Indiana Intellectual Property Law

DECEMBER 23, 2022

Registration No. Registration Date. September 14, 2004. OPTISELECT. May 16, 2017. April 29, 2008. April 9, 2019. January 6, 2015. According to the Complaint, Defendant, First in Finishing, Inc.

Trademark 40

Trademark False Advertising Patent Registration 40

Selvam & Selvam Blog

APRIL 27, 2022

A trademark application filed post-April 12, 2004, is granted registration for 10 years from the date of application and can be renewed every 10 years. A request to renew a trademark in Pakistan should be made at any time during 6 months before the expiry of the trademark.

Trademark 40

Trademark Journalism Advertising Advertising 40

IP and Legal Filings

MARCH 7, 2022

The owner of a trademark is only protected if the trademark is registered with the Indian trademark registration. In India, the demand for trademark registration is growing by the day, demonstrating that people are becoming more aware of the importance of protecting their products. Registered Trademark. Allergan Inc. (AI)[2004].

Trademark 84

Trademark Law Registering Trademarks Branding 84

Corsearch

NOVEMBER 20, 2023

A study published in 2018 found that overall incidents of drug name confusion of all types had decreased when comparing two periods, 2000-2004 and 2012-2016 1. The branding work that pharmaceutical companies are doing to mitigate risks of confusion is critically important and is paying off.

Trademark 59

Trademark Brands Branding Branding 59