The IPKat

NOVEMBER 30, 2023

The case concerned the registration of 'Prosecco' as a GI in Singapore. The Law on GIs in Singapore Prosecco as a plant variety? The GIA was introduced to comply with the obligations of the EU-Singapore Free Trade Agreement, which required Singapore to strengthen its GI protections and introduce national registration.

Registration 135

Registration Advertising Advertising Law 135

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.

Registration 59

Registration Design Designs Intellectual Property 59

SpicyIP

JULY 14, 2021

Tahhira has a degree in Global Affairs, and is a final year LLB student at the Jindal Global Law School, Sonipat. Smell marks are or have been heavily debated around the world and are privy to their own set of issues in terms of registration. Issues and Barriers to the Registrability of Smell-marks. Tahhira Somal.

Trademark 126

Trademark Registration Marketing Marketing 126

IP and Legal Filings

MARCH 7, 2022

Section 29 of the trademark law draws attention to the authorised owner and defines trademark infringement as a violation of the exclusive rights claimed by the registered owner under the trademark’s act of 1999. It’s a common law principle that holds someone liable if they cause a direct infringer to infringe. Bisleri Pvt.

Trademark 89

Trademark Law Registering Trademarks Branding 89

SpicyIP

FEBRUARY 10, 2023

Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. See this 1865 commentary , pages 59-77, made available by UNH Law’s IPMall ).

Trademark 119

Trademark Registration Trademark Law Law 119

The IPKat

FEBRUARY 23, 2024

By decision of 17 January 2024 , the General Court (GC) ruled in a case concerning several national trade marks applications carried out with the aim of bypassing the six-month cooling-off period provided by Article 29(1) of Regulation No 207/2009. This was possible under Austrian law. 207/2009. The applicant appealed.

Registration 69

Registration Law Patent 69

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.

Registration 52

Registration Trademark Trademark Law Business 52

IP and Legal Filings

MARCH 7, 2022

Section 29 of the trademark law draws attention to the authorised owner and defines trademark infringement as a violation of the exclusive rights claimed by the registered owner under the trademark’s act of 1999. It’s a common law principle that holds someone liable if they cause a direct infringer to infringe. Bisleri Pvt.

Trademark 84

Trademark Law Registering Trademarks Branding 84

IP and Legal Filings

OCTOBER 26, 2022

The first Declaration (Prakas) on the Procedures for Registration and Protection of Geographical Indications, dated May 18, 2009, served as the basis for the registration of Kampot Pepper and Kampong Speu Palm Sugar. This declaration was however superseded by the Law on Geographical Indications, dated January 20, 2014.

Registration 98

Registration Trademark Law Ownership 98

The IPKat

NOVEMBER 30, 2021

207/2009 due to the date of filing of the application). 207/2009 “must be read with regard to the relevant provisions of EU law concerning the determination and protection of geographical indications as regards wine products” (paragraph 24). It held that the opposition was not well founded under Article 8(6) of Regulation No.

Public Domain 122

Public Domain Designs Design Registration 122

The IPKat

SEPTEMBER 11, 2023

The Law no. 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. Lawfulness and third-party rights. Back in 2009, Art. The new wording of Art.

Art 75

Art Registration Law Trademark 75

The IPKat

JULY 16, 2024

This is a review of the twentieth edition of Terrell on the Law of Patents , which was released at the end of June 2024. Since the last edition in 2020, there have been significant developments in UK intellectual property law, although the effects of Brexit have been somewhat limited in the realm of patent law. pesticides).

Law 64

Law Editing Patent Intellectual Property 64

The IPKat

SEPTEMBER 30, 2024

The goods for which registration was sought were ‘sanitary inserts, in particular jet regulators and jet formers’ in class 11. 4 of Regulation 207/2009 (‘EUTMR 2009’). 7(1)(a) EUTMR 2009 ). 7(1)(a) EUTMR 2009 ). 7(1)(b) EUTMR 2009 ). 4, 7(1)(a) EUTMR 2009 instead of Art. 7(1)(b) EUTMR 2009.

Art 53

Art Registration Intellectual Property Law 53

JD Supra Law

OCTOBER 19, 2023

Following the Federal Circuit’s 2009 In re Bose Corp. The Trademark Trial and Appeal Board’s (Board) precedential decision in Chutter, Inc. Great Management Group L.L.C. TTAB 2021) opened the door for cancellation actions and defenses based on a lowered intent requirement. By: BakerHostetler

Trademark 63

Trademark Registration 63

SpicyIP

AUGUST 16, 2023

On July 5, the Delhi High Court dismissed an appeal by PepsiCo India Holdings against an order passed by the Protection of Plant Varieties and Farmers’ Rights Authority in 2021, thereby effectively revoking Pepsico’s registration of the FL 2027 potato variety. a group company of Pepsi Inc.

Registration 98

Registration Settlement Branding Branding 98

IPilogue

DECEMBER 10, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. copyright law, a particularly confusing subject for foreign works published before 1978. copyright law. law, and key witnesses to the case reside in the U.K. Background.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

SpicyIP

DECEMBER 26, 2021

New varieties are subject to the requirement of “novelty”, and there being no sale prior to the application, which is quite similar to patent law. The first date of sale in the application was stated to be in 2009, well prior to the application in question, thereby knocking out any possibility of sustaining any claim of a new variety.

Registration 122

Registration Patent Law Litigation IP 122

The IPKat

FEBRUARY 20, 2024

The case concerns issues of bad faith and functionality in trade mark law. 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. Thus, Member States seem to have a different interpretation of EU law and a preliminary ruling is needed.

Art 69

Art Registration Registering Trademarks Intellectual Property 69

SpicyIP

JUNE 21, 2024

Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. Basheer’s 48 th birth anniversary we announced the 2024 edition of the Shamnad Basheer Essay Competition on Intellectual Property Law. programs can take part) across the world, as well as to those who have completed their first law degree in 2022 or later.

Intellectual Property Law 49

Intellectual Property Law Intellectual Property Law Blogging 49

IP and Legal Filings

OCTOBER 23, 2023

5] This particular decision comprehensively explained about working of intermediary liability in regards to violation of trademarks under India laws. The Indian laws need to be updated to provide better protection to trademark owners in online marketplaces. However, these laws are not clear and settled in India. 344/2018]. [5]

Marketing 98

Marketing Marketing Trademark Registration 98

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

The TTABlog

MARCH 17, 2022

In 2009, Viacom let lapse its registration for DOUBLE DARE for production and distribution of a children's game show. Applicant Armstrong contended that Viacocm abandoned the DOUBLE DARE mark between 2009 and 2018, and so Armstrong filed its intent-to-use application in January 2018. Reruns followed.

Television 61

Television Social Media Trademark Registration 61

The IPKat

DECEMBER 21, 2022

With the reform of EU trade mark law in 2017, the requirements have been eased in this respect. 4 of Regulation 2017/1001 ) While this makes registration easier for some non-traditional trade marks, such as sounds that cannot be represented by musical notes and scores (e.g., The Court examined ex officio the question (i.e.,

Art 92

Art Registration Technology Law 92

The TTABlog

SEPTEMBER 9, 2021

Petitioner Jason Green tripped over that particular hurdle in this proceeding seeking cancellation of a registration for the mark OMNI BIOTIC for food supplements. Green claimed priority and likelihood of confusion with his common law mark OMNIBIOTICS for supplements, as well as fraud. It's proving an intent to deceive the USPTO.

Registration 59

Registration Copyright Law 59

The IPKat

DECEMBER 17, 2021

According to established case law, particular public interest exists when a symbol has a distinct link with one of the activities carried out by an international intergovernmental organisation (IGO). If the public does not misleadingly assume a connection with the authority using such a symbol, the registration thereof seems permissible.

Registration 141

Registration Reporting Designs Design 141

IPilogue

FEBRUARY 3, 2023

Carys Craig is the Director of IP Osgoode, Editor-in-Chief of the Osgoode Hall Law Journal, Academic Director of the Osgoode Professional LL.M Program in Intellectual Property, and an Associate Professor at Osgoode Hall Law School. I am delighted to be writing my first IPilogue post as incoming Director of IP Osgoode!

IP 81

IP Intellectual Property Law Intellectual Property Journalism 81

Kashishipr

AUGUST 2, 2021

The following is a detailed breakdown of Customs intervention laws, regulations, and procedures of various nations of the Indian Sub-Continent: BANGLADESH. A Unique Temporary Registration Number (UTRN) is generated on filing the online application. Custom Recordal Application Procedure.

IP 105

IP Intellectual Property Registration Registering Trademarks 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.

Public Domain 72

Public Domain Design Designs Registration 72

LexBlog IP

SEPTEMBER 28, 2022

Since its establishment in 2009, by the Melbourne Law School in conjunction with the Institute of Patent and Trade Mark Attorneys of Australia (IPTA), the annual Francis Gurry Lecture on Intellectual Property has rightly become a highlight on the Australian IP calendar.

Intellectual Property 52

Intellectual Property IP Copyright Blogging 52

The IPKat

JUNE 20, 2023

In its latest judgment, LM (Demande reconventionnelle en nullité) (case C-654/21), the CJEU had the opportunity to further develop its case law on counterclaims for invalidity and revocation in response to an infringement action of an EU trade mark (see Art. Although the law is the same, national courts may apply it differently.

Art 87

Art Registration Law Licensing 87

IP and Legal Filings

OCTOBER 18, 2022

The use and importance of the plants and plant products have also changed with time due to the pandemic and thus, a special focus on the laws and regulations regarding plant varieties is necessary. The protection includes ensuring registration ad enforcement within the territories of the country for the interested owners and applicants.

Intellectual Property 52

Intellectual Property Registration Intellectual Property Law Law 52

SpicyIP

FEBRUARY 9, 2025

Further, HoABL has filed for registration of their TM in the same class (36- real estate affairs; 37- building construction) as Macrotech developers. In Trademark law, it is important to determine if the mark is being used to offer goods and services similar to the ones for which it is registered. A legal entity cannot use Sec.

Branding 59

Branding Branding Brands Business 59

IP and Legal Filings

OCTOBER 30, 2023

A straightforward pink sans-serif typeface was used for the 1959 original trademark registration. Over time, the trademark underwent five changes before returning to its original form in 2009. However, a trademark needs to be distinctive in order to be eligible for registration and legal protection.

Trademark 98

Trademark Branding Branding Brands 98

Kashishipr

AUGUST 4, 2021

The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology. Can Cryptocurrencies be Protected under the Trademark Law?

Trademark 105

Trademark Trademark Law Intellectual Property Ownership 105

SpicyIP

SEPTEMBER 8, 2024

Overall, with layers of intrigue, secrecy, and questionable practices, the complex relationship between IP law, CSIR, and the ever-present quest for accountability is worth remembering when thinking of the larger scheme of IP things. IP, trade, and Customs: As I trawled through the past posts, a 2009 post caught my attention: ‘twas Prof.

Advertising 111

Advertising Advertising IP Patent 111

SpicyIP

MAY 15, 2023

Shikhar is a second-year law student at NALSAR University of Law, Hyderabad. He shares a keen interest in developments concerning IP Law.] Since the petitioner has priority over both registration and the user of the said trademark, the court, thus, ordered the Ld. Important IP cases that we’re missing out on?

Trademark 104

Trademark Registration Cease and Desist IP 104

The IPKat

OCTOBER 6, 2024

If you wonder how to protect one's own image, join our online event hosted by international law firm Bird & Bird LLP on 30 October 2024, from 18:00 to 19:30 CET. For more details and registration, kindly click here. The People, Plants, and the Law lecture series will begin this week. 4 of Regulation 207/2009.

Art 53

Art Copyright Law IP Registration 53