Corsearch

FEBRUARY 28, 2024

Read on to learn about: The difference between patents and industrial designs Recent industrial designs registration trends How you can swiftly search for industrial designs with Corsearch What are industrial designs? These and other questions are relevant in assessing registrability potential for patents. respectively.

Registration 59

Registration Designs Design Intellectual Property 59

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. However, the Second Circuit Court of Appeals disagreed.

Trademark 105

Trademark Branding Brands Branding 105

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

Kashishipr

OCTOBER 20, 2021

India changed its Patents Laws in 2005 to comply with the TRIPS Agreement. Before the amendments of 2005, pharmaceutical manufacturers were not granted patents. They took into consideration Section 3(d) of the Indian Patents (Amendment) Act, 2005. However, after the changes, the rights of the manufacturers were recognized.

Patent 105

Patent Intellectual Property Inventor Government 105

IP Intelligence

DECEMBER 20, 2022

When considering a likelihood of confusion, one might naturally think a mark is registrable that is an antonym (opposite) of a registered mark. In Sugar Free Specialties, the applicant sought registration of “SMALL WINS” for “sweets and candies, namely, gummies and soft candies.” 90706411 (TTAB Dec. 7, 2022) (not precedential).

Registration 52

Registration Trademark Patent 52

LexBlog IP

DECEMBER 20, 2022

When considering a likelihood of confusion, one might naturally think a mark is registrable that is an antonym (opposite) of a registered mark. In Sugar Free Specialties, the applicant sought registration of “SMALL WINS” for “sweets and candies, namely, gummies and soft candies.” 90706411 (TTAB Dec. ” Id.

Registration 52

Registration Trademark Patent Intellectual Property 52

IPilogue

AUGUST 4, 2022

The applicant, Beijing Judian Restaurant Co (“Judian”), has operated restaurants in Vancouver and Richmond since 2018, along with numerous well-known ( served over 5,750,000 customers between 2011 and 2019 ) restaurants in China since 2005. The Decision. 18(1)(e) of the TMA. Other issues.

Trademark 114

Trademark Registration Design Designs 114

IP Tech Blog

FEBRUARY 27, 2023

Relying on the online database of the Chinese IPO (online since 2005) and the first-to-file principle where prior use does not grant trademark rights in China and the first-to-file wins the right, they have built a huge industry based on theft and blackmail. Promise of Use Draft Article 61 has taken such risk into consideration.

Trademark 113

Trademark Trademark Law Registration Intellectual Property 113

SpicyIP

OCTOBER 16, 2024

As a result, leading brands often find themselves embroiled in extended legal strifes in pursuit of the widest possible protection for their registrations. However, the ad hoc balancing act becomes complicated when it comes to colour limitations, as specified at the time of registration. Mr. Patel & Ors.

Trademark 105

Trademark Registration Branding Brands 105

TorrentFreak

NOVEMBER 23, 2022

Founded in 2005, CP Productions, Inc. ” Their demands included the following: Deactivate and cancel the DaftSex and Pornwild domains and prevent re-registration. Cease provision of all internet services to DaftSex and PornWild including domain name registration, hosting, security, content delivery, and reverse proxy services.

Copying 141

Copying Registration Intellectual Property Ownership 141

IPilogue

SEPTEMBER 22, 2021

(MJT) applied to the United States Patent and Trademark Office (USPTO) seeking registration for use of the word “THE” on clothing, handbags, and related goods. Although OSU claims to have used the mark in commerce since August 2005, MJT’s application was filed earlier. THE dispute between the two parties continued from there.

Trademark 105

Trademark Registration Branding Brands 105

TorrentFreak

APRIL 7, 2024

Image credit: CODA “CODA and MPA began a business partnership in 2005 to combat physical piracy in the Asian region, and have since built a strong partnership by signing a 10-year MOU starting in 2014. Image credit: CODA Considered a major irritant, the Njalla domain service is called out alongside Cloudflare.

Television 134

Television Publishing Music Business 134

The IPKat

JANUARY 13, 2023

The registrability of slogans as trade marks was examined not too long ago by the First Board of Appeal the EUIPO. By its decision in Case R 664/2022-1 the Board of Appeal refused the application for the registration of the slogan “TAKE FIVE” (reported by the IPKat here ). 30/2005 (as implemented pursuant to art.

Registration 84

Registration Art Reporting Trademark 84

IP Tech Blog

NOVEMBER 2, 2023

the Court, with a 2-1 majority, found that the Board wrongly cancelled the registration of a trademark holder due to the filing of a fraudulent declaration by its former attorney to obtain incontestable status of the trademark “DANTANNA’S.” The “DANTANNA’S” trademark issued in 2005. Chutter, Inc. , emphasis in original).

Registration 62

Registration Trademark Blogging IP 62

The IPKat

FEBRUARY 10, 2022

The Standards were subsequently revised in 1994, 1997, 2001, 2005 and 2016, summarising changes in legislation and practices. 1) The Madrid international trade mark registration. It includes the specific requirements and content of the entire examination of the Madrid International Registration.

Registration 81

Registration Intellectual Property Law Design 81

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

Registration 53

Registration Contracts Advertising Advertising 53

The IPKat

DECEMBER 4, 2023

Then, on 29 November, the General Court ruled ( T-19/22 ) on the distinctiveness of the Vespa EU 3D mark, eventually ruling that the EUIPO Board of Appeal had erred in holding that registration invalid due to lack of distinctive character.

Design 135

Design Designs Copyright Registration 135

SpicyIP

OCTOBER 9, 2021

The university was established by Act 27 of 2005 of the Kerala State Legislature as a public university dedicated to the development and advancement of legal education. Registration can be done through this link: [link] dMiWNAk2nSQYPbWm7. Registration is free and open to all. Deadline for Registration: 11 October, 2021.

Intellectual Property 116

Intellectual Property Intellectual Property Law Higher Education Registration 116

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

IP and Legal Filings

DECEMBER 23, 2023

The JJ Irani Committee has advocated for the formation of One Person Companies in India since 2005; it is regarded as a groundbreaking idea. In China, OPC establishment was only allowed as recently as 2005. The JJ Irani Committee report, 2005. There are one-person businesses that function in certain countries. Salomon & Co.

Business 105

Business Reporting Contracts Design 105

LexBlog IP

NOVEMBER 2, 2023

the Court, with a 2-1 majority, found that the Board wrongly cancelled the registration of a trademark holder due to the filing of a fraudulent declaration by its former attorney to obtain incontestable status of the trademark “DANTANNA’S.” The “DANTANNA’S” trademark issued in 2005. Chutter, Inc. ,

Registration 52

Registration Trademark Patent Technology 52

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. It owned EU trade mark ' HEITEC ', which was filed in 1998 and registered in 2005.

Cease and Desist 125

Cease and Desist Art Licensing Registration 125

The TTABlog

OCTOBER 1, 2024

Jones filed counterclaims seeking partial cancellation of those two registrations (the "Counterclaimed Registrations") on the ground of nonuse prior to the expiration of the time for filing the statements of use, for all of the services except for the mentoring portion of the athletic development program.

Law 64

Law Registration Advertising Advertising 64

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

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.

Registration 64

Registration Trademark Law Registering Trademarks 64

Kluwer Copyright Blog

NOVEMBER 26, 2023

Years later, in 2005, the U.S. Copyright registration may be obtained to create a public record of the work and to assist the copyright owner in enforcement of their rights. Copyright registration in the U.S. Copyright Office have failed to show sufficient human involvement to allow their registration to proceed.

Registration 65

Registration Copyright Law Artwork Copyright 65

The IPKat

DECEMBER 15, 2024

As mentioned, that absolute ground prevents the registration of signs that are contrary to public policy or to accepted principles of morality. This is in essence not to endorse business initiatives that employ signs that offend against basic values of civilized society ( R 495/2005-G, SCREW YOU ).

Registration 69

Registration Intellectual Property Law Business 69

The TTABlog

MAY 16, 2024

Rarely does the Board find that a product configuration clears the hurdles of functionality and acquired distinctiveness to reach the registrability finish line. Emler sought registration of this single feature under Section 2(f), since a product configuration can never be inherently distinctive ( Wal-Mart ).

Design 56

Design Designs Registration Marketing 56

LexBlog IP

MAY 3, 2022

A symbol or design is generally eligible for trademark registration if it can function as a source identifier of goods and services, is not similar to a prior mark or in conflict with other prior rights of a third party, and is not otherwise prohibited by trademark or other laws in China. The most famous 3D mark in China is Ferrero S.PA.’s

Designs 52

Designs Design Trademark Intellectual Property 52

LexBlog IP

NOVEMBER 8, 2023

Patent and Trademark Office’s Trademark Trial and Appeal Board (“TTAB”) did not have the authority to cancel the registration of a mark made incontestable by way of a fraudulent declaration. Georgia-based Great Concepts, LLC obtained a federal registration for the mark DANTANNA’S for restaurant services in 2005.

Registration 52

Registration Trademark Litigation Patent 52

LexBlog IP

NOVEMBER 4, 2021

Each document states that Australia/NZ will make all reasonable efforts to join the UK as members of the Hague Agreement, which provides an international registration system for industrial designs. An article which appeared on the Lexology site last month stated that these developments imply that ‘Australia has (finally!) Article 17.1(5)

Designs 52

Designs Design Registration Patent Law 52

Biswajit Sarkar Copyright Blog

MAY 1, 2021

Marc Jacobs in May, 2019 filed an application with the USPTO (United States Patent and Trademark Office) for trademark registration of the word “THE” alone for use on clothing such as t shirts, hats and baseball caps. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic.

Trademark 52

Trademark Registration Branding Brands 52

Biswajit Sarkar Copyright Blog

MAY 1, 2021

Marc Jacobs in May, 2019 filed an application with the USPTO (United States Patent and Trademark Office) for trademark registration of the word “THE” alone for use on clothing such as t shirts, hats and baseball caps. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic.

Trademark 52

Trademark Registration Branding Brands 52

Biswajit Sarkar Copyright Blog

MAY 1, 2021

Marc Jacobs in May, 2019 filed an application with the USPTO (United States Patent and Trademark Office) for trademark registration of the word “THE” alone for use on clothing such as t shirts, hats and baseball caps. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic.

Trademark 52

Trademark Registration Branding Brands 52

SpicyIP

DECEMBER 23, 2024

The respondent had obtained registration of the mark ‘NIPPU’ in 2018 on a ‘proposed to be used’ basis. The Delhi HC has held that the mere assertion that a thesis involves IP or holds commercial value is insufficient exempt from disclosure under the Right to Information Act, 2005.

IP 59

IP Trademark Registering Trademarks Personality Rights 59

LexBlog IP

OCTOBER 20, 2023

As detailed in the opinion , the majority held that the Trademark Trial and Appeal Board lacked the power to cancel a trademark registration based on fraud in a declaration of incontestability. In March 2005, the mark was registered ( Registration No. In 2015, Chutter, Inc. Section 14 of the Lanham Act (15 U.S.C. §

Registration 52

Registration Registering Trademarks Trademark Ownership 52

The TTABlog

JANUARY 4, 2022

It granted a petition for cancellation of a registration for the mark DANTANNA’S for “steak and seafood restaurant” on the ground of fraud. Therefore, the Board held that “[i]n matters of trademark registration and maintenance, where the USPTO relies on declarations to be complete, accurate, and truthful.

Registration 59

Registration Ownership Licensing Trademark 59