article thumbnail

Hark! The Herald Trademarks Sing: A Holiday Trademark Extravaganza

LexBlog IP

MR. 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.

article thumbnail

Vans v. FCB: Taking a Look at the Delhi High Court’s Restrictions on the Rights of Well Known Trademarks vis-a-vis Prior Use

SpicyIP

In this post, I have briefly discussed the judgement and analyzed what it could mean for the proprietors of well-known trademarks and other proprietors. The petitioner, Vans Inc, USA, filed for registration of their mark- VANS in 1992, on a ‘proposed to be used basis’. The mark was published in 2005 and was registered in 2006.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

LexBlog IP

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. The Back Story In 2003, Great Concepts applied to register DANTANNA’S for restaurant services. Chutter, Inc., 2022-1212). In 2015, Chutter, Inc.

article thumbnail

Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrence

Patently-O

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. In 2006, Chutter, Inc.’s

article thumbnail

Evergreening of Patents

Kashishipr

After the changes of 2005, the Madras Patent Office , in 2006, rejected the application from Novartis for the drug Glivec stating that the said drug did not exhibit any major changes in therapeutic effectiveness over its pre-existing form, which was already patented outside India.

Patent 105
article thumbnail

SpicyIP Weekly Review (March 18- March 24)

SpicyIP

The court granted an ex-parte injunction in favour of the plaintiff against the defendants, restraining the use of the plaintiff’s trademark ‘DASNAC’ or any similar variant by the defendants. Notices were served to all parties, with stipulated deadlines for responses, and compliance with procedural rules was mandated.

article thumbnail

IP as Collateral

IIPRD

The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. Trademark as Collateral in the US. For a common law trademark, notice of the lender’s security interest is not required to be recorded. 11, March 2006.

IP 40