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The Trademarks Act, 1999, gives trademark protection to the identity of brands. An Insight into the Nexus between Customs and Trademark Laws Trademark laws protect the identity of brands through exclusive rights granted to the owners of registrations. Information about an individual suspected of counterfeiting or trading routes.
Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.
After 16 years of research and testing the variety, UGA decided to brand the new turfgrass as SeaBreeze. Initially, the name appeared to be par for the course: UGA has a tradition of naming its salt tolerant paspalum varieties with the "Sea" prefix, and the SeaBreeze brand was meant to evoke images of waterfront golf courses and lawns.
Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products. Otto Kern GmbH , 83 USPQ2d 1861, 1863 (TTAB 2007). Meenaxi Enterprise, Inc.
The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. She settled on the brand name Katie Perry and started her own fashion label in 2007. Where there exists a penumbra of uncertainty in the scope of the registration, this would not generally be resolved in favour of the trade mark owner.
In May 2007, the label mark ‘SOYA DROP’ was registered. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. The Copyright Act extends a wide range of rights to the first copyright owner without requiring prior copyright registration.
The TTAB did not go there, but instead refused registration after concluding that the mark was “merely descriptive.” GOD Is A Brand Name®, as are “I AM,” “YHWH,” “Yahweh,” “Jesus Christ™”, “Allah”, “Lord GOD of Israel,” “EL”, “Human Beings.” In re Bayer Aktiengesellschaft, 488 F.3d 3d 960, 963 (Fed.
Kondoudis, we work with businesses and organizations of all shapes and sizes to protect their brands. Since our founding in 2007, we have registered over 2500+ trademarks and patents for clients across the United States, including the Washington, DC area.
There is no registration fee for any of the seminars. Though he applied in 1992, registration was granted only in 2020. Read the post for more details. Later, he discovered the trademark had expired since 2002 without prior notice, violating Rule 58(3) of the Trade Marks Rules, 2017. Citing Jaisuryas Retail Ventures v.
Often, hashtags help businesses reach out to their target audience and connect with them, which may further help them attain and achieve goodwill and raise awareness about their brand. Hashtags began to be first used on Twitter by Chris Messina in 2007, and since then, there has been no looking back. What’s in a #Hashtag?
The viability of title registrations with societies and guilds has also been a major aspect of discussion for film title registrations. These entities generally do a check to avoid duplication before registration, however, such registration lacks legal sanctity. Lyca Productions v.
MSCHF has frequently targeted major brands. 2007)) and the “ My Other Bag ” tote bag (Louis Vuitton Malletier, S.A. At this point the Second Circuit baldly states “MSCHF used Vans’ trademarks—particularly its red and white logo—to brand its own products.” A previous pair of shoes, “ Satan Shoes ,” prompted a suit by Nike.
Chris Messina was the first to introduce hashtags on Twitter in 2007, and there has been no going back since. Obtaining trademark registration for the firm’s unique hashtags gives the company an advantage if another company uses the same hashtag to advertise a competitive product or service in the same sector. (b)
The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 and The Customs Act, 1962 form the legal basis for Customs Recordal of IPRs in India. A Unique Temporary Registration Number (UTRN) is generated on filing the online application. Images of genuine goods (for trademarks and designs).
By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India. Trademark for the Taj Mahal Palace Hotel.
Since 2019, Egglife has allegedly invested $5 million dollars in the Egglife brand and is on pace to reach $30 million in retail sales in 2021. The Defendant, Crepini, LLC (“Crepini”), was apparently founded in 2007 with “the dream of bringing crepes into every North American household.” Trademark Registration Nos.
Schiedmayer Celesta GmbH , [2020-1196] (September 1, 2021), the Federal Circuit affirmed the TTAB’s cancellation of Piano Factory’s registration on Schiedmayer for falsely suggesting a connection with Schiedmayer in violation of Section 2(a). In Piano Factory Group, Inc.
This case sets an important precedent for tacking use of a mark in the trademark registration context and highlights the limitations of tacking as a strategy for establishing priority. Brand owners should carefully consider whether they have priority for all relevant goods and services.
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. Ferrero’s Products. Montresor’s Products.
In 2007, Ethiopia moved to register the three types of Ethiopian coffee as Trademarks. Secondly, the Ethiopian government intended to increase their exporters control and bargaining power in the market, and thirdly, due to a large number of smallholder producers, the registration of GI was exceptionally difficult.
He also hosted a reunion and golf tournament in 2007 and engaged in other referential activities; he managed royalties from the licensed USFL apparel from 2011-2021. Plaintiff’s 1980s USFL registrations lapsed. The 2011 registrations were acquired from an unrelated entity. Can this challenge even be made at this point?]
Nonetheless, applicant argued that relevant consumers perceive COOKINPELLETS.COM as its brand name," and the evidence showed that some third-parties use or understand COOKINPELLETS (with or without a space) and COOKINPELLETS.COM as capable of serving as a source indicator. In re Gould Paper Corp., 2d 1017, 5 USPQ2d 1110, 1112 (Fed.
” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. § 102(a); see also Pride Family Brands, Inc. Copyright protects “original works of authorship” fixed in any tangible medium of expression, such as “pictorial, graphic, and sculptural works.”
1] The best part about a copyright is that its registration is typically inexpensive and straightforward. 102(a); see also Pride Family Brands, Inc. Copyright protects “original works of authorship” fixed in any tangible medium of expression, such as “pictorial, graphic, and sculptural works.” [1] Peters , 488 F.3d 3d 277 (4th Cir.
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. MK Pharmaceuticals (2007).
Trademark Dilution A well-known brand’s owner has the legal authority to forbid third parties from using their mark since doing so compromises their exclusivity or damages their reputation. In reality, no one has the right to imitate any well-known brand or to misuse that trademark’s good name. Blurring Tarnishing 1.Blurring
Apple could argue transborder reputation, asserting that its brand’s recognition and reputation extend beyond national borders. Inherent Distinctiveness: The Apple logo and brand name are inherently distinctive due to their unique design and association with the company’s products, such as iPhones, iPads, MacBooks, etc.
What does the term ‘MOCCA’ evoke in your mind, a kind of coffee or a specific brand? Most of them regarded ‘MOCCA’ as a kind of coffee instead of a specific brand except one Italian colleague who also saw ‘MOCCA (almost phonetically identical to ‘Moka’)’ as referring to the Moka Pot (Italian wiki page for that here ).
However, this argument did not satisfy the Court, which on the contrary, specified that it was those characteristics that are specific to Lidl’s brand. Tesco also claimed that Lidl had applied to register the latter as a trade mark in bad faith.
The Board granted a petition for cancellation of a registration for the mark FREEDOM PARTY for "organizing and conducting dance parties" on the ground that Respondent Hyman was not the sole owner of the mark when he filed his underlying use-based application. See Great Seats , 84 USPQ2d at 1239 9TTAB 2007). Text Copyright John L.
When Design Within Reach started, it said in its 2007 10K: “our competitors believe they have exclusive rights” in some of their proudcts, including some of their best selling items, which were reproductions. How is the word “iconic” used by brands, especially brands founded in early 20 th or late 19 th centuries?
The wine brand had been around since the nineteenth century but changed ownership a few times. Duca di Salaparuta appealed, arguing that when pre-existing national GI registrations were converted into EU unitary registrations, they were fully subject to the validity requirements of the 2008 Regulation on wines. Article 14.3
BGL and its subsidiaries ( BGL Group ), including Manolo Blahnik, manufacture, distribute and sell luxury shoes and accessories bearing the “MANOLO BLAHNIK” name and brand, which are sold in over 65 countries including Australia. In Australia, Manolo Blahnik owns a number of trade mark registrations including: Reg No. 09 Jan 2007.
Here's what Federica writes: The subtle line between “historical” and “reputed” marks – a bird’s-eye view by Federica Pezza Friday, 15 October 2021: we are in Sardinia and an Alitalia-branded plane is about to take-off. For instance, in Finland, a specific “ List of trade marks with a reputation ” (the “List”) was established in 2007.
19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited). ” Ardagh at par.
This module makes it easier to file IPR notifications while adhering to the IPR (Imported Goods) Enforcement Rules 2007 (the IPR Enforcement Rules). Next, A unique Temporary Registration Number is generated, and the right holder shall submit a physical copy of the documents to the IPR cell of the Custom House.
The record also included a copy of applicant's registration for the mark CERTIFIED MILLIONAIRE for the same services, obtained under Section 2(f) and thus constituting an admission that the word CERTIFIED is not inherently distinctive. 1 sugar daddy dating brand." The third-party uses also undermine applicant's 2(f) claim. -
The claimant bought a van with registration number WG57 DOG from a third party which had traded under the WASH WIGGLE & WAG name (which was printed on the side of the van). Interestingly, it was common ground that Thom Brownes four bar design arose after adidas demanded back in 2007 that it move away from its then three-bar motif.
A brand’s name, particularly when it takes the shape of a trademark, can define its identity, reputation, and value, making it an asset that is valuable to safeguard. Trademarks are unique “marks”, names, symbols, signs, words or phrases that define a brand or company’s products or services.
. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”
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