SpicyIP

NOVEMBER 8, 2023

For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously. Read Akshay Ajayakumar’s posts about the dismal examination standards disregarding the mandatory requirements of Collective and Certification marks. Also, check Joff Wild on the Allegations Against Indian Patent Office.

Trademark 59

Trademark Publishing Journalism Copyright 59

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registration of “SMALL WINS” for “sweets and candies, namely, gummies and soft candies.” 90706411 (TTAB Dec. 7, 2022) (not precedential).

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Registration Trademark Patent 52

The TTABlog

NOVEMBER 27, 2024

Applicant Reach International argued that, under the Strategic Partners approach, its prior registration for a similar mark should serve to overcome the refusal. The applicant owned a registration for the mark ANYWEARS, which was substantially similar to the mark ANYWEAR that applicant sought to register, for the same goods (footwear).

Designs 48

Designs Design Registration Trademark 48

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

SpicyIP

SEPTEMBER 15, 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] bcyCpBrnmUgjMvsd9. Registration is free and open to all. Deadline for Registration : 20 September, 2021.

Intellectual Property 119

Intellectual Property Registration Law 119

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

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

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.

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Trademark Brands Branding Branding 105

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 62

Law Registration Advertising Advertising 62

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 51

Registration Contracts Advertising Advertising 51

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

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

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.

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Registration Art Reporting Trademark 81

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

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

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 ).

Designs 54

Designs Design Registration Marketing 54

The TTABlog

AUGUST 5, 2024

In this opposition to registration of the mark BLIZZARD for various business services, Applicant Ava Labs, Inc., counterclaimed to cancel two pleaded registrations owned by Opposer Blizzard Entertainment for online retail store and mail order services. 2005 TTAB LEXIS 600, at *33 (citing In re Universal Press Syndicate , Ser.

Trademark 54

Trademark Service Mark Registration Television 54

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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Registration Trademark Law Registering Trademarks 64

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 78

Registration Intellectual Property Law Design 78

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 120

Television Publishing Music Business 120

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 96

Trademark Registration Intellectual Property Intellectual Property Law 96

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 58

Registration Copyright Law Artwork Copyright 58

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

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 104

Business Reporting Contracts Designs 104

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

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 90

Artistic Work Registration Copyright Copyright Infringement 90

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 Branding 105

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 Branding 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 Branding 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 Branding 52

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.

Designs 134

Designs Design Copyright Registration 134

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 133

Copying Registration Intellectual Property Ownership 133

LexBlog IP

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 52

Trademark Trademark Law Registration Intellectual Property 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 57

Registration Ownership Licensing Trademark 57

The TTABlog

OCTOBER 15, 2024

91275100 (October 8, 2005) [precedential] (Opinion by Judge Cheryl S. The Board then found confusion likely between the two marks. DowntownDC Business Improvement District v. Clarke , Opposition No. Applicant Clarke was hired by Opposer BID as a "Digital Content and Design Assistant."

Licensing 48

Licensing Business Registration Branding 48

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

SpicyIP

NOVEMBER 13, 2023

Journey Through “Octobers” on SpicyIP (2005 – Present) The October “Flashbacks” are here! Lokesh covers another super interesting round of discussions stemming from SpicyIP’s Octobers (2005-present)! Read Yogesh’s take on this to know more.

IP 59

IP Trademark Copyright Registration 59