The IPKat

MAY 12, 2024

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. The other wineries had been using the word "Salaparuta" on their labels. Article 14.3

Registration 69

Registration Branding Branding Brands 69

SpicyIP

JULY 14, 2021

Smell marks are or have been heavily debated around the world and are privy to their own set of issues in terms of registration. Internationally, the statutory requirements for the registration of non-conventional trademarks varies across jurisdictions. Issues and Barriers to the Registrability of Smell-marks.

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IP and Legal Filings

FEBRUARY 26, 2022

Instead of showing two or more letters as letters in and of themselves, the letters might be entwined or interwoven into a single device, formed into a monogram, which is prima facie registrable as a device. Registrability of letters or numerals as wordmark. Additionally, letter marks have an aspect of pronouncability. Jewellers Pvt.

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The IPKat

SEPTEMBER 11, 2023

14 of the IPC) of the ban on the registration of trade marks that evoke, usurp or imitate PDOs and PGIs protected under state or European Union law and International Agreements to which Italy or the European Union are parties. Back in 2009, Art. Back in 2009, Art.

Art 75

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SpicyIP

MAY 10, 2023

Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. 1055/DELNP/2009 for the invention –“Process Device with Density Measurement” and the subsequent rejection order (dt July 7, 2017) passed by the Controller. Controller of Patents and Designs.

Trademark 126

Trademark Invention Patent Art 126

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.

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Registration Trademark Copyright IP 105

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.

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IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. A straightforward pink sans-serif typeface was used for the 1959 original trademark registration.

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Trademark Branding Branding Brands 98

The IPKat

FEBRUARY 20, 2024

The patent, which included France among the designated states, expired on 5 August 2021. 7(1)(e)(ii) Regulation No 207/2009 (signs which consist exclusively of the shape, which is necessary to obtain a technical result) in conjunction with Art. Coorstek’s counterclaim was essentially based on Art.

Art 69

Art Registration Registering Trademarks Intellectual Property 69

The IPKat

DECEMBER 17, 2021

If the public does not misleadingly assume a connection with the authority using such a symbol, the registration thereof seems permissible. Symbols that are of particular public interest do not enjoy absolute protection.

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The TTABlog

OCTOBER 24, 2024

The USPTO refused to register the mark ROCK CREEK CATTLE COMPANY , in standard character and design form, for "Real estate development services, namely, development of a private luxury resort property; real estate development," without a disclaimer of CATTLE COMPANY.

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Registration Business Design Designs 64

The IPKat

JANUARY 19, 2023

Background PWT obtained the international registration for the figurative trademark No. Background PWT obtained the international registration for the figurative trademark No. The Opposition Division upheld the opposition ( B 2 712 977 ). PWT appealed the decision. The Board of Appeal upheld the appeal ( R 2389/2020-4 ).

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Registration Trademark Design Designs 66

The TTABlog

DECEMBER 29, 2021

Applicant contended that the registrant 'made a conscious decision to not list hockey gloves as part of its goods," and furthermore that the cited mark is distinguishable because of the dominant red X. In addition, he provided eleven use-based, third-party registrations for marks covering various athletic gloves and hockey sticks.

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Registration Design Designs Copyright 56

Kashishipr

AUGUST 2, 2021

Goods or items produced outside Bangladesh involving infringement of the Copyright Act, 2000 or infringement of layout design of integrated circuits that are intended for sale or use for commercial purposes within the territory of Bangladesh. A Unique Temporary Registration Number (UTRN) is generated on filing the online application.

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IP Intellectual Property Registration Registering Trademarks 105

IP Intelligence

JUNE 3, 2021

On June 1, 2021, the Supreme Court granted certiorari on the question of whether Section 411(b) of the Copyright Act is intended to be a “fraud” statute that requires scienter for cancellation of a copyright registration. The court held that there were no valid grounds for cancellation of the registration, since fraud was not proven.

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Copyright Registration Artwork Design 52

The IPKat

AUGUST 27, 2024

In 2009, Saillard sold this trade mark to Fauré Le Page Paris, a French company that was established in 2009. However, the former Maison Fauré Le Page (established in 1716) ceased its activity in 1992, so Fauré Le Page Paris (established in 2009) did not continue the activity of the former Maison Fauré Le Page.

Art 69

Art Design Designs Registration 69

The IPKat

MAY 31, 2023

The Board therefore concluded that there was nothing to indicate that the dissimilar goods and services under appeal had been designated dishonestly to block legitimate trade mark use by a competitor. Coinbase Inc subsequently appealed to the General Court.

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Registration Design Designs 83

The IPKat

DECEMBER 21, 2022

Prior to the reform, protectable signs were only those -- … capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging. ( Until then, tactile trade marks cannot likely be protected by way of registration in the EU.

Art 92

Art Registration Technology Law 92

The TTABlog

JANUARY 24, 2022

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

Design 52

Design Designs Registration Music 52

IP and Legal Filings

OCTOBER 23, 2023

The registration of trademarks provides legal protection and remedies in case of infringement. The registration process needs to be simplified and made more accessible to small businesses and entrepreneurs who are unable to afford the high costs of trademark registration. 27-10-2009). [8] 344/2018]. [6] 344/2018]. [7]

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Marketing Marketing Trademark Registration 98

The IPKat

JUNE 20, 2023

Since 2009, the defendant has offered and promoted a guide for prospective police officers, which aims to prepare them for psychological tests that are covered by the Multiselect mark. EUIPO has exclusive jurisdiction over the registration of EU trade marks and oppositions. 7(1)(d) EUTMR ). As the CJEU wrote:-- [ Art.

Art 87

Art Registration Law Licensing 87

The IPKat

DECEMBER 31, 2021

As such, there is no requirement that consumers need to memorize the sign exactly and in its entirety for the sign to be eligible for registration. The second image is by 3D Illustrator and Graphic Designer from Pixabay. Accordingly, the contested decision was annulled, and the sign was registered for all claimed goods.

Graphic Design 84

Graphic Design Intellectual Property Music Trademark 84

IP and Legal Filings

OCTOBER 18, 2022

The protection includes ensuring registration ad enforcement within the territories of the country for the interested owners and applicants. As such, breeders can obtain patents, trademarks, and industrial designs that establish their ownership over legally approved new plant varieties. Image Source: Freepic].

Intellectual Property 52

Intellectual Property Registration Intellectual Property Law Law 52

43(B)log

AUGUST 18, 2021

For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. The Composite Design Mark registration specifically acknowledged that it made “no claim. the public about the STURGIS Registrations.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

IIPRD

APRIL 3, 2024

1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] Tahiliani Design Pvt.

Artistic Work 45

Artistic Work Design Designs Copyright 45

Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. according to their website, was formed by Monte McClung in 2009 after a 20 year Career at Gema. The Design Patents are for a variety of powder guns and spray equipment.

Trademark 40

Trademark False Advertising Patent Registration 40

The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

Design 52

Design Designs Trademark Branding 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.

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

IP and Legal Filings

FEBRUARY 2, 2024

The Trademarks Act of 1999 does not forbid the use of names of gods or goddesses, religious symbols, or figurines in and of themselves; But it simply limits the registration of the mark under the Trademarks Act’s Section 9(2)(b), as is shown while reading the clause. Lal Babu Priyadarshi [9]. 7] 2005 (3) AWC 2097. [8]

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Trademark Law Trademark Law Service Mark 98

Biswajit Sarkar Copyright Blog

OCTOBER 2, 2023

This provision’s presence is in consonance with Section 3 and 4 of the Act lays down that no person shall use the name or pictures of any entity mentioned in 9A for any patent, trademark, design or colorable imitation without the prior permission of the Central Government. Similarly, these provisions were applied in Montblanc’s 2009 case.

Intellectual Property 98

Intellectual Property Marketing Marketing Copyright 98

The IPKat

SEPTEMBER 4, 2024

After applying for a trade mark called ‘Fauré Le Page’ in 1989, Saillard sold this trade mark to Fauré Le Page Paris in 2009. Furthermore, AGA also discussed a possible copyright infringement in its design. After a meticulous analysis for both sides, the Court's ruling was in the favor of AGA`s trade mark.

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Personality Rights IP Copyright Art 59

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." registration for GJERGJ KASTRIOTI SKËNDERBEU in standard character form, which it secured without objection from GKS. See In re Bose Corp., ADOL owns a U.S.

Ownership 52

Ownership Registration Trademark Contracts 52

The IPKat

OCTOBER 6, 2024

For more details and registration, kindly click here. Moreover, registration for the 147th INTA Annual Meeting 2025 will start in January. 4 of Regulation 207/2009. Jocelyn Bosse notified the IPKat readers of the various IP opportunities and news in the latest Tuesday Wonders post.

Art 53

Art Copyright Law IP Registration 53

IP and Legal Filings

OCTOBER 12, 2021

The Champagne region of France has continued a tradition of sourcing grapes from a particular designated region. 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.

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Registration Intellectual Property Marketing Marketing 52

The IPKat

FEBRUARY 13, 2023

Background Swami Vidyanand designated the EU in its International Registration no. This line of case law is supported by the recent General Court judgment in YAplus DBA Yoga Alliance v EUIPO (case T-443/21 ). YAplus DBA Yoga Alliance filed an opposition on the basis of its EU trade mark no.

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Registration Law Design Designs 60

Garrigues Blog

DECEMBER 6, 2022

But does this mean that a famous mark can extend its status and prevent the registration of third parties’ trademarks for any goods or services? The Opposition Division held that “it is undeniable that these products are often sold as luxury items of famous well-known designers and manufacturers.

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Trademark Branding Branding Brands 52

The IPKat

OCTOBER 31, 2023

That being said, and although the earlier marks must be accorded a minimum degree of distinctiveness on account of their registration, the EU trade mark regime which stems from the EUTMR (including the assessment of the inherent distinctive character) is an autonomous regime which must be applied independently, on the basis of EU law alone.

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Registration Law Design Designs 75