The TTABlog

NOVEMBER 28, 2022

2006), upheld the USPTO’s long-standing precedent and practice of treating varietal names as generic, affirming the Board’s ruling that the term “Rebel,” as a varietal name for a type of grass seed failed to function as a mark. This notion reflects the Board’s earlier decisions that if the term is used as a designation of source (i.e.,

Trademark 52

Trademark Registration Designs Design 52

The IPKat

DECEMBER 21, 2023

Those machines have been imported into the UK for distribution and sale since June 2013, and marketed using the acronym ICE and the following logo: Both the Claimant and the First Defendant have trade mark registrations in the United Kingdom.

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Registration Intellectual Property Designs Design 64

IP and Legal Filings

JANUARY 22, 2022

Proprietorship registration is ideal for the entrepreneurs who are getting into the business for small businesses with very few clients. The process of proprietorship registration in India can be done online. A suitable business location designated as the place of doing business should be selected. GST REGISTRATION.

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Business Registration Licensing Government 85

LexBlog IP

DECEMBER 19, 2023

CHRISTMAS became a registered trademark for “Christmas Ornaments and Decorations of the Non-Electrical Type” way back in 1966 (Registration No. ” Scrooge wasn’t the only one who had that idea: a business owner registered ALWAYS CHRISTMAS & Design as a service mark in 1995 (Registration No.

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

TorrentFreak

JANUARY 19, 2023

This site is in breach of UK law, namely Copyright, Design & Patents Act 1988, Offences under the Fraud Act 2006 and Conspiracy to Defraud,” PIPCU wrote. According to the DMCA notice, this meant that GitHub could potentially be aiding criminal activity.

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Intellectual Property Copyright Infringement Music Copyright 132

The TTABlog

NOVEMBER 10, 2021

To be registrable, a proposed trademark must function as a source indicator in the eyes of relevant consumers. 78 USPQ2d 1861, 1862 (TTAB 2006). Hungerford Smith” to identify the source of its soft drink syrup; the proposed mark "Burgundy"appeared only as a flavor designation and not as a trademark. In re Eagle Crest, Inc. ,

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Trademark Registration Designs Design 97

IIPRD

JUNE 29, 2022

It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. The monogram was designed to help them brand their firm and prevent copycats from trespassing on their turf. MULTIPLE IP REGISTRATION AND THEIR PROTECTION.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

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.

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Trademark Registration Intellectual Property Intellectual Property Law 84

SpicyIP

MAY 10, 2023

Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. Deputy Controller of Patents and Designs , Auckland Uniservices Limited v. Assistant Controller of Patents and Designs , N.V. 965/DELNP/2006 and the patent office’s rejection order (dt.

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Trademark Invention Patent Art 126

Intepat

JUNE 18, 2024

The 2016 amendment to the Patent Rules introduced an expedited examination option, available for applications where India is designated as the International Search Authority or International Preliminary Examination Authority.

Patent Application 52

Patent Application Government Publishing Patent 52

Garrigues Blog

FEBRUARY 7, 2023

Both Designations of Origin (DO) and Protected Geographical Indications (PGI) are essential to ensure that the goods that they protect comply with strict quality criteria and come from a specific geographic location. The existence of an earlier registration. However, can the two coexist? Let’s take a look at what happened.

Trademark 52

Trademark Registration Intellectual Property Blogging 52

Garrigues Blog

JANUARY 12, 2022

In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. This is, before the date the patent application was filed or before the priority date of a prior registration claimed in that application. 644/2006, of 6 April 2006 : Objective identity.

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Patent Infringement Invention Patent Patent Law 52

The IPKat

JUNE 28, 2023

Background Hummel Holding A/S (‘Hummel’) owns International Registration no. 915962 designating the EU for the following figurative mark: It was registered for the EU in 2006 for various goods and services in classes 3, 18, 25, 28, and 35. Hummel’s trade mark consists of two specific chevron designs.

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Designs Design Art Registration 84

IP and Legal Filings

OCTOBER 4, 2022

Patents (including utility models) are protected through registration with the UAE Ministry of Economy, Intellectual Property Protection Department (IPPD) and/or through the Gulf Co-operation Council (GCC) Patent which is administered by the GCC Patent Office in Riyadh, Saudi Arabia, and governed by the GCC Patent Law. Trademarks.

Intellectual Property 52

Intellectual Property Law Business Designs 52

The IPKat

MAY 9, 2024

018171305 ) as well as case law ( R-51/2006-4 , R-2069/2020 ). 018840401 for the padlock and for the pendants under EUTM registration no. However, position trade marks must meet stringent criteria for distinctiveness to ensure they do not represent common design practices. 018153472 , EU trade mark no.

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Marketing Marketing Intellectual Property Designs 60

The TTABlog

MARCH 28, 2022

It "'all boils down to a judgment as to whether the designation for which registration is sought comprises a separate and distinct 'trademark' in and of itself.'" 81 USPQ2d 1446, 1448 (TTAB 2006). See TMEP Section 807.12(d). Examining Attorney Inga Irvin found that the mark on the application drawing (i.e,

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Registration Trademark Designs Design 40

LexBlog IP

JULY 5, 2023

In 2006, Hetronic entered distribution and licensing agreements with Hydronic Steuersysteme GmbH (later purchased by Abitron Austria GmbH). The Lanham Act applies to persons who, without the consent of the trademark registrant, “use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark.[if]

Trademark 52

Trademark Marketing Marketing Contracts 52

IIPRD

MARCH 17, 2023

This regulation provides the responsibility of the manufacturer, and as per this regulation, product registration is not necessary. However, the manufacturing, storage, distribution, sale, and import of nutraceutical products come into the purview of the Food Safety and Standards Act of 2006 (FSSA).

IP 52

IP Intellectual Property Marketing Marketing 52

SpicyIP

MARCH 25, 2024

Kunal Makkar & Anr on 14 March 2024, Delhi High Court Image from here The petition concerned alleged violations of a previous judgment where respondents undertook not to imitate, copy, manufacture, or sell shoes imitative of the petitioner’s designs. Christian Louboutin Sas & Anr v.s

Trademark 52

Trademark Patent Copyright Confidentiality 52

Kluwer Copyright Blog

OCTOBER 3, 2022

WIPO, Agreement on diplomatic conference on Design Law Treaty. In July, the WIPO Member States agreed to go ahead with a diplomatic conference on the protection of designs to ease cross-border trade. European Commission, European Media Freedom Act. The proposal stresses that the new media rules complement the CDSM Directive framework.

Copyright Law 111

Copyright Law Copyright Law Music 111

IP Whiteboard

AUGUST 30, 2020

In Australia, there is no need to apply for copyright registration as it arises as of right, without the need for formalities or registration. Many of the decisions focus on the standard of a drawing or artistic work and whether simple works or designs can receive protection as artistic works.

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Moral Rights Copyright Artistic Work Artwork 52

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. Part 34 Companies Act 2006 (Secs 1044-1059). x] (b) Transfer of Administrative Seat: What if a corporation wishes to shift its administrative seat? [xii] Rammeloo, op.cit.,16;

Law 82

Law Business Government Journalism 82

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. The policy based considerations include the internal policies of e-commerce sites as well as registrations of companies for their IP. [6] 17] Imagine Marketing Pvt.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

Barry Sookman

MARCH 24, 2020

5] The UECA is designed to implement the principles of the UNCITRAL Model Law in Canada. It also used to exclude agreements of purchase and sale, that created or transfered interests in land and required registration to be effective against third parties. Marini , 2006 CanLII 34269 (ONSC). It has three parts.

Contracts 52

Contracts Law Business Technology 52

43(B)log

AUGUST 18, 2021

For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. Here the court considers acquiescence and laches.

Cease and Desist 62

Cease and Desist False Advertising Registration Licensing 62

IIPRD

FEBRUARY 23, 2021

The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. The registration at USPTO is required to protect the creditor from bona fide purchasers and mortgages. 11, March 2006.

IP 40

IP Intellectual Property Branding Brands 40

LexBlog IP

JULY 21, 2021

It outlines trends, data and legal rights pertaining to patents, trade marks, designs, plant breeder rights ( PBR ) and copyright. Design certifications remained generally stable (with a small decrease) in 2020. Applications and Registrations. Design Right Applications, Registrations and Certifications.

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Reporting IP Patent Application Registration 52

The TTABlog

SEPTEMBER 7, 2021

The CAFC soundly upheld the TTAB's decision ordering cancellation of a registration for the mark SCHIEDMAYER for pianos [ TTABlogged here ] on the ground of false association under Section 2(a). 1092 (2006 ed.). The same result necessarily follows with respect to ATJs and the language of 15 U.S.C.

Trademark 98

Trademark Registration Intellectual Property Music 98

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. ” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. ” [8]. .”

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

IIPRD

MAY 4, 2023

[Image Sources : Shutterstock] Medical devices are either designed to target a specific health condition or improved with slight variations to be more effective or replicated for mass accessibility. 10] (2006) IIILLJ 540 Del. Therefore, only those medical devices which have novelty, inventiveness and utility classify for patent filing.

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. 1] The best part about a copyright is that its registration is typically inexpensive and straightforward. The reviewal process for the U.S.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

Intepat

MAY 12, 2023

After successful registration, the trademark is considered to be granted and protected in the member states. It establishes an agreement where only a single application plus a prescribed fee is needed to get protection in the designated member states. Under the system, one agent in the home country is enough for registration.

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Registration Branding Brands Branding 52

SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Durga Trading Corporation was clarified in this case. In Dhiraj Dewani v.

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IP Intellectual Property Copyright Trademark 143

LexBlog IP

SEPTEMBER 14, 2021

However, in practice, achieving the level of ubiquity required to be granted such a trade mark registration can be difficult. [1] 3] In 2002, Nestlé filed an EU trade mark application for the 3D ‘four-fingered’ shape of its Kit Kat bar, which was successfully registered in 2006.

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Registration Designs Design Blogging 52

43(B)log

FEBRUARY 23, 2024

You can also see it in Tam & Brunetti—little interest in how TM works, the relationship b/t registration and enforcement, even though that’s central to the Lanham Act. Similar with registration agencies—a firehose coming at them. The registration process has some of that, but registration isn’t the primary or only mover here.

Trademark 44

Trademark Law Branding Brands 44

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Share of 9 th Circuit opinions also exploded in 2006. The indicators used by the claimants don’t measure innovation; TM registration counts aren’t innovation. Questions: how does this doctrine interact with concurrent registrations?

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Trademark Copyright Branding Brands 70