The TTABlog

APRIL 24, 2023

Petitioner Phat Scooters moved for partial summary judgment on its claim that the registration is void ab initio because the application was not filed by the rightful owner of the mark. The Board construed the response to the summary judgment as a "cross-motion to amend the registrations due to a correctable owner's mistake."

Ownership 56

Ownership Registration Trademark Business 56

IP and Legal Filings

JANUARY 8, 2025

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. Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, which empower customs authorities to act against counterfeit goods, are framed under the Customs Act.

Trademark 59

Trademark Law Trademark Law Intellectual Property 59

Patentably Defined

NOVEMBER 8, 2021

Since our founding in 2007, we have registered over 2500+ trademarks and patents for clients across the United States, including the Washington, DC area. We offer flat rates and fixed fees for trademark registration services in Washington DC.

Registration 40

Registration Branding Brands Branding 40

SpicyIP

AUGUST 3, 2023

The issue has simmered on SpicyIP pages since 2007. In July 2007, Aysha Shaukat’s post first discussed how Pakistan was planning to take legal action against India for patenting ‘Super Basmati’. What’s in the GI Registration numbers? : Do they really serve the purpose of registration under the GI Act? In 2008, Prof.

Registration 98

Registration IP Copyright Blogging 98

The TTABlog

OCTOBER 26, 2021

84 USPQ2d 1845, 1847-48 (TTAB 2007) (temporary nature of specimens is not a characteristic that is “fatal” to registration). While the mark is not preprinted onto the tag, the fact that Applicant printed a label that it affixed to a preprinted tag is not prohibited nor does it make the specimen a mockup. See In re Chica, Inc.,

Registration 112

Registration Copyright 112

Biswajit Sarkar Copyright Blog

SEPTEMBER 12, 2023

Similarly, in the early 1980s, Taco John’s, a regional fast-food chain based in Wyoming, filed an application for registration of the trademark ‘Taco Tuesday’. In 1989, the United States Patent and Trademark Office (USPTO) granted the registration with Registration no. 1572589 under Class-43 in favor of Taco John’s.

Registration 98

Registration Trademark Business IP 98

IPilogue

FEBRUARY 16, 2023

A trademark holder must make “genuine use” of a registration by using it to acquire market share in relation to distinguishable goods or services. The decision repeatedly referenced a similar cancellation request by Full Colour Black in 2019, which challenged the registration of a trademark for Banksy’s work, The Flower Thrower.

Trademark 105

Trademark Artwork Registration Art 105

Kashishipr

JANUARY 12, 2022

Hashtags began to be first used on Twitter by Chris Messina in 2007, and since then, there has been no looking back. In the United Kingdom, a hashtag can be trademarked if it is not entrapped by section 3(1)b of the Trademarks Act, 1994 – as per which a mark can be refused registration if it is devoid of distinctive character.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

Likelihood of Confusion

NOVEMBER 25, 2024

Originally posted 2007-08-05 10:29:43. Republished by Blog Post PromoterA proposed “Domain Registrant’s Code of Rights and Responsibilities.” ” Hat tip to Domain Name News. The post Masters of their domain appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 52

Blogging Registration 52

SpicyIP

SEPTEMBER 16, 2024

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. Was The Court On Track?

Registration 105

Registration Television Trademark Trademark Law 105

IP Watchdog

DECEMBER 8, 2024

In 2007, I began attending sessions of the World Intellectual Property Organizations (WIPOs) Standing Committee on Trademarks, Industrial Designs, and Geographical Indications (SCT) in Geneva, Switzerland, to discuss the development of the Design Law Treaty.

Designs 52

Designs Design Law Intellectual Property 52

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.

Trademark 89

Trademark Registration Intellectual Property Intellectual Property Law 89

SpicyIP

SEPTEMBER 11, 2023

AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold. Dr. Reddy’s Labs Ltd. Promoshirt SM SA v.

Registration 105

Registration Trademark Copyright IP 105

Kashishipr

AUGUST 2, 2021

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).

IP 105

IP Intellectual Property Registration Registering Trademarks 105

IP and Legal Filings

SEPTEMBER 12, 2024

Whirlpool was able to claim rights over its trademark in this country, even though it didn’t have a physical presence here and did not have any registration at that time. Cadbury UK Limited Vs. Neeraj Food Products, 142 (2007) DLT 724 [1] Trade Marks Act, No. 7] Cadbury UK Limited Vs. Neeraj Food Products, 142 (2007) DLT 724.

Branding 91

Branding Brands Branding Trademark 91

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.

Registration 67

Registration Intellectual Property Designs Design 67

The IPKat

OCTOBER 1, 2021

As background to a (lengthy) case leading to interesting decision of the General Court, the EUIPO’s department responsible for the trade mark register erroneously rectified the registration of Veuve Cliquot’s iconic orange mark as “another mark” or a “colour mark”, in lieu of a figurative mark. In 2015, Lidl Stiftung & Co.

Registration 107

Registration Law 107

The TTABlog

JULY 29, 2021

In a case decided under the TTAB's ACR regime, the Board granted a petition for cancellation of Nema Foods' twenty-year old registration for the mark SEYIDOGLU (in standard form) for various food items, finding that the mark falsely suggests a connection with Petitioner, a major manufacturer of food products, including Turkish desserts and jams.

Registration 40

Registration Cease and Desist Ownership Advertising 40

The IPKat

MAY 12, 2024

The Earlier Decisions Duca di Salaparuta brought the action against several other wineries, as well as the representative body (the Consorzio di tutela dei vini DOC Salaparuta) and the Ministry of Agricultural, Food and Forestry Policies (which granted the national registration). Article 14.3 of Regulation (EEC) No 2081/9 ).

Registration 67

Registration Branding Brands Branding 67

The IPKat

JANUARY 8, 2025

A company called Pure Seed had obtained US Plant Variety Protection (PVP) certificates for a fescue grass variety called 'Seabreeze' in 2000, followed by its glyphosate-tolerant successor variety called 'Seabreeze GT' in 2007. If the mark is already in use as a denomination, the examiner must refuse registration or require a disclaimer.

Trademark 67

Trademark Branding Branding Brands 67

The IPKat

FEBRUARY 23, 2024

Facts Mr Auer, personally and through linked companies (the applicant), filed several Austrian trade mark applications to register the word “ATHLET” in classes 3, 9 and 12 every 6 months between 2007 and 2010 without paying the fees. This was possible under Austrian law. The trade mark was registered on 29 April 2014 with no. 207/2009.

Registration 67

Registration Law Patent 67

The TTABlog

MARCH 2, 2022

In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. The Board found that the mark's commercial strength overcame any conceptual weakness.

Public Domain 72

Public Domain Designs Design Registration 72

The IPKat

NOVEMBER 23, 2024

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.

Cease and Desist 70

Cease and Desist Registration Branding Brands 70

SpicyIP

MAY 23, 2022

Abdul Sathar v Nodal Officer, Anti-Piracy Cell, Kerala Crime Branch Office & Anr, 2007. Sureshkumar S/o Kumaran v the Sub Inspector of Police, 2007. Andhra Pradesh. Non-Cognizable and Bailable. Cognizable and Non-Bailable. Cognizable and Non-Bailable. State Govt. of NCT of Delhi v Naresh Kumar Garg, 2013.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

The IPKat

APRIL 1, 2024

The examiner of the EUIPO held that it was not an abstract colour mark but a figurative mark and refused registration for lack of distinctiveness ( Art. The trade mark was registered on 23 March 2007. The history of the registration has been covered here. mm - excitation purity 0.860 - colorimetric purity: 0,894. 7(3) CTMR ).

Art 82

Art Registration Marketing Marketing 82

Technology & Marketing Law Blog

DECEMBER 11, 2023

2007)) and the “ My Other Bag ” tote bag (Louis Vuitton Malletier, S.A. This from a Court that has struck down two statutory trademark registration provisions for burdening speech. Every commercial parodist trades on the goodwill of the famous trademark it mocks. The “ Chewy Vuiton ” dog toy (Louis Vuitton Malletier S.A. 3d 425 (S.D.N.Y

Blogging 130

Blogging Trademark Branding Brands 130

The IPKat

MAY 2, 2023

Furthermore, Tesco argued that further applications in 2002, 2005 and 2007, were also made in bad faith because they were seeking to “evergreen” the 1995 registration recognising that the rights would be lost for non-use in each successive five year period.

Artistic Work 70

Artistic Work Registration Copyright Copyright Infringement 70

The TTABlog

OCTOBER 5, 2023

As to commercial strength, there were no third-party uses or registrations of the same or similar sun-kissed formative marks in the industry. Opposer submitted sales and marketing expenditures for fresh fruit from 2013 to 2021 and for carbonated soda from 2007 to 2021. It failed to do so.

Advertising 69

Advertising Advertising Marketing Marketing 69

IP and Legal Filings

MARCH 28, 2024

Registration of films titles with associations Another way to go for producers or production houses in to register their titles with Associations namely like, the Indian Motion Pictures Association and the Indian Film and Television Producers Council (IFTPC). [12] These registrations aid in allocating precedence. Mondaq (Dec.

Cinema 89

Cinema Copyright Blogging Registration 89

Velocity of Content

NOVEMBER 11, 2021

While this case stems from an issue in the fashion industry involving infringement of textile designs, the Court has been asked to decide about the effect of technical errors which have been discovered in the copyright registration process for the works in question.

Copyright 98

Copyright Publishing Reporting Copyright Infringement 98

IP and Legal Filings

JULY 21, 2022

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.

Trademark 89

Trademark Social Media Marketing Marketing 89

The IPKat

SEPTEMBER 4, 2023

Acedes, which acquired some of the assets of AC Cars in 1996, including the IP rights and goodwill relating to the mark “AC Cobra", registered the mark in the UK in 2007 (the AC Cobra Mark).

IP 70

IP Litigation Intellectual Property Registration 70

Selvam & Selvam Blog

APRIL 4, 2021

Regardless, this can be remedied by ensuring that the owner provides proof of the existence of the right by way of a registration certificate or a certified copy. 41 /2007-Customs dated October 29, 2007. 1] The Rules previously provided protection for patents as well. 2] Circular No.

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

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. 75800094).

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

The IPKat

MARCH 2, 2022

The turn of his career path towards working as a patent professional took place in 2007, when he was enrolled as patent examiner at the Swedish Patent and Registration Office.

Intellectual Property 95

Intellectual Property Intellectual Property Law IP Patent Law 95

43(B)log

OCTOBER 1, 2022

Burstein: there are still children pending from the iPhone application filed in 2007. Maltbie: with fashion designs it’s possible to miss your window—you can get a TM registration and have no one to enforce it against by the time it issues. Maltbie: would like to see more on enforcement: how close does it have to be?

Intellectual Property 84

Intellectual Property Design Patent Law Design 84

The IPKat

NOVEMBER 6, 2021

40324 where registration of “FELCE AZZURRA” as an Historical Trade Mark was regarded by the Milan Court of First Instance as a key circumstance for the assessment of reputation. For instance, in Finland, a specific “ List of trade marks with a reputation ” (the “List”) was established in 2007.

Intellectual Property 91

Intellectual Property Registration Branding Brands 91