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Fourth Circuit Rules that Bacardi May Challenge USPTO's Renewal of HAVANA CLUB Registration via Civil Action Under the APA

The TTABlog

In another chapter of the long-running battle over the HAVANA CLUB trademark for rum, the U.S. 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. Direct Impulse Design, Inc. , Bacardi & Co. Vidal , Appeal No.

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Precedential No. 1: TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use

The TTABlog

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Andrusiek v. Cosmic Crusaders LLC and Lewis J.

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Hark! The Herald Trademarks Sing: A Holiday Trademark Extravaganza

LexBlog IP

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 1871712).

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Can Braille Be Registered As a Trademark?

IP and Legal Filings

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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Precedential No. 34: "IFG" Fails to Function as a Trademark For Live Plants Because It's a Varietal Name

The TTABlog

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.,

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Italian Supreme Court refers questions to CJEU on conflicts between GIs and trade marks

The IPKat

The dispute concerned the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. Background More wine cases for the CJEU. Image from Pixabay. Article 14.3 of Regulation (EEC) No 2081/9 ).

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Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day!

SpicyIP

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Assistant Controller of Patents and Designs , N.V.

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