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. This case saw the issuance of several marks.

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IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

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Trademark Registration Intellectual Property Intellectual Property Law 98

IP and Legal Filings

NOVEMBER 1, 2023

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

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Trademark Registering Trademarks Brands Branding 105

IPilogue

SEPTEMBER 22, 2021

Which trademark battle? THE trademark battle—the one over who owns trademark rights in the word “THE”. In May 2019, Marc Jacobs Trademarks L.L.C. 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.

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Trademark Registration Brands Branding 105

IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

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registration of “SMALL WINS” for “sweets and candies, namely, gummies and soft candies.” 90706411 (TTAB Dec. 7, 2022) (not precedential).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

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

IP Tech Blog

NOVEMBER 2, 2023

The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward. The “DANTANNA’S” trademark issued in 2005. There was no dispute that the mark obtained in 2005 was not obtained fraudulently.

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Registration Trademark Blogging IP 62

LexBlog IP

FEBRUARY 27, 2023

Is this the time we can really see a change in the fight against Chinese trademark squatters, or are we just adding burdens to legitimate right holders? The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law.

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Trademark Trademark Law Registration Intellectual Property 52

Biswajit Sarkar Copyright Blog

MAY 1, 2021

However to trademark the same would be quite difficult due to it being very generic in nature. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic. The main issue is whether a generic word “THE” can be trademarked? The post Trademark War for THE.

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Trademark Registration Brands Branding 52

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. The Trademark Act defines "service mark" but does not define "services."

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Trademark Service Mark Registration Television 54

LexBlog IP

MAY 3, 2022

.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. Trademark (symbols, designs). Trademark (3D designs).

Designs 52

Designs Design Trademark Intellectual Property 52

Biswajit Sarkar Copyright Blog

MAY 1, 2021

However to trademark the same would be quite difficult due to it being very generic in nature. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic. The main issue is whether a generic word “THE” can be trademarked?

Trademark 52

Trademark Registration Brands Branding 52

Biswajit Sarkar Copyright Blog

MAY 1, 2021

However to trademark the same would be quite difficult due to it being very generic in nature. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic. The main issue is whether a generic word “THE” can be trademarked?

Trademark 52

Trademark Registration Brands Branding 52

LexBlog IP

NOVEMBER 2, 2023

The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward. The “DANTANNA’S” trademark issued in 2005. In Great Concepts LLC v. Chutter, Inc. ,

Registration 52

Registration Trademark Patent Technology 52

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names As Trademark.

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Trademark Registering Trademarks Registration Licensing 52

SpicyIP

MAY 30, 2024

from seeking rectification of FCB Garment Tex’s “IVANS” trademark. Inter alia, Vans Inc backed its arguments for rectification with its recent recognition as a well known trademark. For a well-known trademark, range of protection extends to dissimilar goods and services as well. The respondent, FCB Garment Ltd.

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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.

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Law Registration Advertising Advertising 62

Patently-O

OCTOBER 18, 2023

by Dennis Crouch In the trademark case of Great Concepts, LLC v. 18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Of course, this balance of powers question goes far beyond the patent and trademark systems.

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Registration Trademark Law Registering Trademarks 64

LexBlog IP

OCTOBER 20, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. In March 2005, the mark was registered ( Registration No. Then, in June 2005, Dan Tana applied to register DAN TANA for restaurant services.

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Registration Registering Trademarks Trademark Ownership 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. This time, the petition was based on the fraudulent 2010 filing made to support the registration.

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Registration Trademark Litigation Patent 52

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.

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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

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

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.

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Patent Application Patent Registration Publishing 131

azrights

MARCH 23, 2022

So, he was in disbelief when he received a cease and desist letter from lawyers acting for the high end China Tang at the Dorchester Hotel in Mayfair whose rights to use the name stemmed from a figurative trademark in class 43 (restaurant services, catering services, cafes, cafeterias, and self-service restaurants) registered in 2005.

Business 52

Business Brands Branding Branding 52

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.

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Registration Copyright Law Artwork Copyright 58

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. Viridian Development Managers Pvt. Reena Rajpal & Anr.

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IP Trademark Copyright Registration 59

43(B)log

JUNE 14, 2022

It has a registration for a word plus design mark (application in 2018) for “[p]romoting public awareness of the need for educating citizens about policies and issues in the political process and encouragement for greater participation in the political process through voter registration, voting, and advocacy.” Kremer, 403 F.3d

Social Media 59

Social Media Registration Trademark Designs 59

SpicyIP

MAY 15, 2023

Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! Image from here The Delhi High Court has recently been remanding back a lot of unreasoned orders from the IP Offices rejecting a patent or trademark application. Case: Holyland Marketing Pvt. vs Vijay Pal Vineet Kumar And Co.

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SpicyIP

OCTOBER 16, 2024

Template from here In the foreground of today’s fiercely competitive offline and digital marketplaces, where brands engage in neck-to-neck battles for visibility, the role of colours in trademarks has become a focal point of legal discourse. The Roots of Overbroad Protection in India From the decision in Colgate Palmolive v.

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Trademark Registration Brands Branding 105

SpicyIP

AUGUST 7, 2023

Trademark A Division Bench of the Delhi High Court clarifies that a Division Bench is not restricted by the limitations on intra-court appeals u/s 13 of the Commercial Courts Act while hearing a letter patents appeal against an order passed u/s 57. and held that a revocation petition cannot be regarded as a suit. Hero Investocorp Ltd. &

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Copyright Infringement Trademark Law Copyright 98

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.

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Registration Ownership Licensing Trademark 57

SpicyIP

DECEMBER 24, 2023

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. The defendant highlighted an admission by the Plaintiff during the trademark prosecution that the words in the mark were “common English words” of descriptive nature.

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Registration Trademark Copyright Registering Trademarks 52

43(B)log

APRIL 29, 2024

23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. The district court enjoined further infringing uses of Hetronic trademarks “within and outside of the United States.” trademark.” Hetronic International, Inc.

Advertising 59

Advertising Advertising Trademark Brands 59

IIPRD

JUNE 13, 2024

trademarks, service marks, commercial names, and designations; industrial designs; and any other rights stemming from intellectual endeavors in industrial, scientific, literary, or artistic spheres. Trademark law One of the areas where both trademarks and AI intersect with each other is in creation of new brands and trademarks.

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