IP and Legal Filings

SEPTEMBER 14, 2023

This has led to consumers opting for brands that pledge their duty to contributing towards environmental protection by means of minimalism and sustainability. In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”.

Branding 83

Branding Brands Branding Trademark 83

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 61

Trademark Law Registering Trademarks Branding 61

IP and Legal Filings

MAY 30, 2023

Nonetheless, trademark infringement has grown to be a serious problem there, with legal repercussions for the owners. Thus, raising a very valid question that whether a themed restaurants violate trademark rights of the show it is based upon? Theft of trademarks may be a bigger issue for character-themed cafés.

Trademark 59

Trademark Business Intellectual Property Trademark Law 59

Garrigues Blog

DECEMBER 6, 2022

Can a well-known watch brand prevent the protection of another identical or similar trademark for other types of goods such as cosmetics? The possibility of consumers’ associating the goods of a particular trademark is greater when that mark is well-known.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 58

Trademark Law Registering Trademarks Branding 58

SpicyIP

MAY 10, 2023

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. Shell Brands International AG v.

Trademark 126

Trademark Invention Patent Art 126

The TTABlog

FEBRUARY 8, 2022

Court of Appeals for the Ninth Circuit reversed (in part) the district court's dismissal of a civil action for unfair competition, trademark dilution, and trademark infringement involving Defendant Meenakshi's three IDHAYAM marks registered for sesame seed oil. In December 2019, the U.S. TTABlogged here ]. 7-3 at 1-4.)

Litigation 75

Litigation Branding Brands Branding 75

Selvam & Selvam Blog

NOVEMBER 3, 2022

vs Tata Sia Airlines Limited CS(COMM) 54/2022 was instituted by Frankfinn to refrain Tata from using their registered trademark ‘Fly High’. The court while taking due note of the arguments raised by both sides observed the fine line of difference between the definition of the words mark and trademark in the Trade Marks Act, 1999.

Trademark 52

Trademark Social Media Registration Registering Trademarks 52

The IP Law Blog

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. purchased the business in 2009. While a generic term cannot become a trademark, a trademark can become generic.

Designs 52

Designs Design Trademark Branding 52

The TTABlog

APRIL 6, 2022

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." The Board also pointed out that "as between a manufacturer and distributor, the manufacturer is presumed to own a trademark applied to the goods." See also Chem.

Ownership 52

Ownership Registration Trademark Contracts 52

The IPKat

APRIL 23, 2023

Kat friend Ann-Kathrin Goller discusses a recent decision in Australia that portends a significant departure from the approach taken in many jurisdictions regarding the role of reputation in a trademark infringement dispute. Notably, the class 3 registration is a defensive trade mark.

Law 120

Law Registration Branding Brands 120

The IPKat

DECEMBER 31, 2021

On 25 September 2020, the EUTM application was refused under Article 7(1)(b) of Regulation 2017/1001 (EUTMR) on the ground that the sign cannot function as a trademark and would not be perceived by consumers as a badge of origin. Listen here to the sound. Furthermore, despite that the Guidelines (Part B, Section 4, Chapter 3, No.

Graphic Design 81

Graphic Design Intellectual Property Music Trademark 81

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] These are the Copyright Act, 1957; Designs Act, 2000; The Geographical Indication Act of Goods Act, 1999; and the Trademark Act, 1999. Varsity Brands, Inc. , Tahiliani Design Pvt.

Artistic Work 45

Artistic Work Designs Design Copyright 45

IP and Legal Filings

OCTOBER 12, 2021

This implies that the registration of a particular trademark may be refused if it attempts to identify with certain wines and spirits that does not originate from the region that the GI tag is related to. Rise in foreign and Indian liquor brands registering for GI tags. Over the years, Indian liquors have also acquired GI tags.

Registration 52

Registration Intellectual Property Marketing Marketing 52

LexBlog IP

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. purchased the business in 2009. While a generic term cannot become a trademark, a trademark can become generic.

Designs 40

Designs Design Branding Brands 40

SpicyIP

NOVEMBER 8, 2023

They included stories of the Patent Agent examination, the Indian Innovation Act, the opening of the Trademark database, the presumption of patent validity, and the South Asian Basmati fights and more. This raised a question did the registrar of Trade Marks have the jurisdiction to revoke the ‘MANJAL’ trademark?, and Class 5.2

Trademark 59

Trademark Publishing Journalism Copyright 59

The TTABlog

JANUARY 4, 2022

It granted a petition for cancellation of a registration for the mark DANTANNA’S for “steak and seafood restaurant” on the ground of fraud. Therefore, the Board held that “[i]n matters of trademark registration and maintenance, where the USPTO relies on declarations to be complete, accurate, and truthful.

Registration 56

Registration Ownership Licensing Trademark 56

Corsearch

FEBRUARY 28, 2024

Read on to learn about: The difference between patents and industrial designs Recent industrial designs registration trends How you can swiftly search for industrial designs with Corsearch What are industrial designs? These and other questions are relevant in assessing registrability potential for patents. respectively.

Registration 59

Registration Designs Design Intellectual Property 59

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. General Motors pledged its “Green Technology” patents for a period of 2 years when it faced bankruptcy in 2009. Trademark as Collateral in the US.

IP 40

IP Intellectual Property Branding Brands 40

azrights

MARCH 23, 2022

One person who clearly didn’t understand this was Mr Gu who set up a Chinese takeaway in Barrow-in-Furness in 2009 using the name China Tang. The Judge disagreed and rejected Mr Gu’s defence of honest concurrent use, holding that Mr Gu had infringed the Claimant’s trademark and should rebrand. For 12 years he used this name.

Business 52

Business Branding Brands Branding 52

The TTABlog

AUGUST 15, 2022

In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.

Registration 52

Registration Cease and Desist Branding Brands 52

Kashishipr

AUGUST 4, 2021

Several courts have had trouble in applying substantive Trademark Law to this field of technology. It may also be a proactive threat to trademark owners; thus, this article delves into the question of whether or not a name or logo of a cryptocurrency can function as a legitimate trademark. Understanding Cryptocurrency.

Trademark 105

Trademark Trademark Law Intellectual Property Ownership 105

Kashishipr

AUGUST 2, 2021

The IP rights holders can either record their IP beforehand, enabling the Customs authority to suo motu monitor shipments and exclude, detain, seize, destroy, or dispose of the merchandise that it suspects to be counterfeit or infringing the recorded trademark; or make a complaint to the Customs authority under the domestic Customs legislation.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009.

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

MAY 15, 2023

Recently, tech brands Rario and Striker found themselves in a tussle over the exclusive right to use images and names of famous cricket players on their respective Online Fantasy Sports Platform. Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! Case: Holyland Marketing Pvt.

Trademark 104

Trademark Registration Cease and Desist IP 104