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. Rather, it can be invoked as an active defense against an infringement suit.

Trademark 119

Trademark Registration Trademark Law Law 119

The IPKat

MARCH 24, 2022

Building on the momentum of the final push towards launch of the UPC, the EPO has launched a stake-holder consultation on a proposal to unify the "fragmented" system for SPC registration. The latest call for evidence by the European Commission is clearly based on the EU desire to extend the "EU unitary patent package" to SPC registration.

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Registration Reporting Marketing Marketing 82

The IPKat

FEBRUARY 20, 2024

Among other products, CeramTec markets a pink-coloured hip-replacement implant. It also argued that the pink colour was not part of a marketing strategy, but rather the result of the chromium oxide, present in the implants and covered by the now-expired patent. Coorstek’s counterclaim was essentially based on Art.

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Art Registration Registering Trademarks Intellectual Property 68

The TTABlog

FEBRUARY 8, 2022

The district court had dismissed the claims as to one of the marks (the "'654 mark") on the ground of claim preclusion, based upon the TTAB's entry of judgment by default on Plaintiff VVV's petition for cancellation of the registration for that one mark. TTABlogged here ]. Plaintiff's only involvement was filing the Notice of Opposition.

Litigation 75

Litigation Registration Branding Brands 75

IP and Legal Filings

SEPTEMBER 14, 2023

The hypothesis for the study was whether, if the applications for registration of goods contained “green signs” applied to them, they were indicators of the brand being driven by the ideas of sustainability or environmental consciousness. The objective is to mislead the consumers knowing well the marketability of this concept.

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Branding Branding Brands Trademark 90

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 65

IP and Legal Filings

MARCH 23, 2023

Because shareholders acquire shares on the stock market and have no personal access to the company, it is not possible to have every member present at every meeting. When the Satyam fraud occurred in 2009, the whole financial market trembled.

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Government Marketing Marketing Business 96

The IPKat

DECEMBER 30, 2024

Here is what Nedim writes: Trade mark trouble in Paris: Pierre Cadaults journey beyond Netflix by Nedim Malovic Netflixs hit series Emily in Paris immerses viewers in the allure of Parisian elegance and the humorous chaos of cultural adaptation, seen through the adventures of Emily Cooper, an ambitious marketing executive.

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Registration Copyright Business Designs 58

The IPKat

OCTOBER 20, 2024

Unsurprisingly, the chapter on wine (Chapter 4) is the longest chapter, which includes additional detail about the regulations for wines in the Common Organisation of Agricultural Markets (CMO) in the new edition. GIs outside of the EU Chapter 8 focuses on the protection of GIs outside of Europe and the registration of foreign GIs in the EU.

Editing 74

Editing Law Intellectual Property Publishing 74

The IPKat

APRIL 23, 2023

Notably, the class 3 registration is a defensive trade mark. Further, the High Court emphasised that the Trade Marks Register must speak for itself and enable a person to identify what marks are registered, and the scope of the registration. A mark’s reputation is, of course, not a particular on the Register.

Law 95

Law Registration Brands Branding 95

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]. In Freudenberg Gala Household Ltd v.

Trademark Law 96

Trademark Law Trademark Law Service Mark 96

The IPKat

JUNE 11, 2022

It was also noted that this conclusion was reached by the BoA without deeming it necessary to assess whether sales figures for iMac computers since 2009 were sufficient to demonstrate genuine use of the marks. On 24 August 2018, the Cancellation Division revoked the contested marks in respect of all of the goods in Class 9.

Advertising 97

Advertising Advertising Reporting Registration 97

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.

Trademark 94

Trademark Branding Branding Brands 94

The IPKat

DECEMBER 21, 2021

In two joined decisions, the General Court considered non-use within the meaning of Article 51(1)(a) of Regulation No 207/2009. On 25th April 2017, Frito-Lay applied to revoke both of Monster’s registrations on the ground that the marks had not been put to genuine use within a continuous period of five years.

Registration 79

Registration Licensing Television Reporting 79

Kashishipr

AUGUST 2, 2021

Intellectual Propriety (IP) rights holders are under the perpetual threat of counterfeit goods in the market that is growing exponentially with advancing technology and a surge in cross-border trade among countries. A Unique Temporary Registration Number (UTRN) is generated on filing the online application.

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IP Intellectual Property Registration Registering Trademarks 105

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 68

Art Design Designs Registration 68

Biswajit Sarkar Copyright Blog

OCTOBER 2, 2023

Moreover, no company shall be allowed the registration of any of their patents or trademark if it bears the name of any person contained in 9A or any emblem as defined in the Schedule of the Act. Similarly, these provisions were applied in Montblanc’s 2009 case. This pen was introduced into the market in honour of Gandhi.

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Intellectual Property Marketing Marketing Copyright 98

SpicyIP

MAY 15, 2023

Considering that the petitioner is the prior user of the mark and has an earlier registration, Delhi High Court directs the Trademarks registry to remove the respondent’s allegedly similar mark. Case: Holyland Marketing Pvt. The defendants applied for registration of their mark on 13th April 2009.

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Trademark Registration Cease and Desist IP 104

IP and Legal Filings

JANUARY 19, 2023

Introduction Prior to 2017, China was the largest cryptocurrency market in the world, with 80% of Bitcoin transactions, the most popular digital currency, taking place in yuan 1. In 2017, China closed down its domestic cryptocurrency exchanges at a time when 90% of all bitcoin trade worldwide took place on their speculative market.

Government 81

Government Marketing Marketing Business 81

SpicyIP

SEPTEMBER 29, 2024

Providing the evidence of its trademark registrations, extensive marketing campaigns and distinctive red-and-white trade dress, it claimed to have garnered significant consumer recognition, including celebrity endorsements. The plaintiff, which has used the “OROFER” mark since 1996, claimed significant market presence.

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Trademark Confidentiality Patent Application Copyright 105

IP and Legal Filings

OCTOBER 12, 2021

In 2019, the global luxury wines and spirits market was valued at around $970 billion. 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

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. AGA Rangemaster Group Limited (AGA) objected to the sales and marketing activities of a company, which sold second-hand AGA cookers retrofitted with an electronic control system. 3(1)(g) TMD2 to the CJEU.

Personality Rights 58

Personality Rights IP Copyright Art 58

IP and Legal Filings

JANUARY 5, 2023

1] This empowers an enterprise to market its product effectively and allows consumers to differentiate between products of identical natures or classes. The plaintiff by these advertisements has gained a big market all over the world. COURT’S DECISION.

Trademark 93

Trademark Branding Brands Branding 93

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. During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

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

LexBlog IP

FEBRUARY 22, 2022

Previously, the Court of Appeals for the Federal Circuit’s (Federal Circuit) held in In re Bose that a trademark is only obtained fraudulently if the applicant or registrant knowingly makes a false, material representation with the intent to deceive the USPTO. [2] The defendant made such a claim regarding the mark at issue.

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Registration Trademark Marketing Marketing 52

IP and Legal Filings

DECEMBER 31, 2024

3] This move aims to provide investor safety measures and support orderly expansion in the real estate sector and market, as proposed in a Consultation Paper. However, when ownership is represented digitally through tokens, additional legal issues arise, notably in terms of ownership registration, transferability, and enforcement of rights.

Ownership 78

Ownership Contracts Due Diligence Editing 78

IP and Legal Filings

OCTOBER 30, 2021

For the Nice classes which are chosen for the trademark registration, the matter is for the goods and services claimed for and the details thereof. If the trademark is very similar, then the goods and services must more likely differ. In case, the difference is not up to the mark then there are probable chances of the likelihood of confusion.

Trademark 52

Trademark Registration Marketing Marketing 52

The TTABlog

JANUARY 24, 2022

Fender Musical Instruments , 94 USPQ2d 1549, 1555 (TTAB 2009) (guitar shape). "[C]ourts A design may be so common in the industry that it cannot identify a particular source, in which case registration should be refused "on the ground that the proposed mark fails to function as a mark."

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Designs Design Registration Music 52

SpicyIP

SEPTEMBER 8, 2024

IP, trade, and Customs: As I trawled through the past posts, a 2009 post caught my attention: ‘twas Prof. Another interesting issue that was going on at that time was Nokia v HMRC where the UK court ruled that “in-transit” goods not intended for the local market could not be seized. See e.g., here , here , and here.

Advertising 111

Advertising Advertising IP Patent 111

The IPKat

SEPTEMBER 24, 2021

Ownership of the registration was subsequently transferred to Sony Computer Entertainment Europe Ltd (the predecessor to Sony Interactive Entertainment Europe Ltd, ‘the applicant’). Genuine use must also be shown by way of solid and objective evidence of effective and sufficient use of the trade mark in the market concerned.

Marketing 58

Marketing Marketing Ownership Advertising 58

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? However, the reality of the market is quite different, since companies are increasingly operating under the same brand in the clothing, footwear, jewelery, watch and accessories industries.

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Trademark Branding Branding Brands 52

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. This means that registration will only be granted when the proprietor could show prior and continuous use and the customers could relate the name with his product 4.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

IP and Legal Filings

MARCH 7, 2022

The owner of a trademark is only protected if the trademark is registered with the Indian trademark registration. Trademark infringement occurs when a person who is not allowed to use a trademark does so in any way that benefits him (either financially or in terms of market position). Registered Trademark. Remedies Available For Owner.

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Trademark Law Registering Trademarks Branding 66

Selvam & Selvam Blog

NOVEMBER 3, 2022

Justice Singh in her order has deliberated the question of whether the registration of the trademark ‘Fly High’ by the plaintiff could prevent the defendant from using the phrase ‘Fly Higher’ in their promotional campaigns. vs Gujarat Co-Operative Milk marketing federation LTD. &

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Trademark Social Media Registration Registering Trademarks 52

Selvam & Selvam Blog

OCTOBER 31, 2024

This has led to a significant number of deceptively similar marks in the market. The Act under Section 11 of the Act prohibits the registration of the trademarks which are identical or deceptively similar to existing marks for similar goods or services. As a result, Courts have had to address this issue from time to time.

Trademark 52

Trademark Registration Branding Branding 52

IP and Legal Filings

MARCH 7, 2022

The owner of a trademark is only protected if the trademark is registered with the Indian trademark registration. Trademark infringement occurs when a person who is not allowed to use a trademark does so in any way that benefits him (either financially or in terms of market position). Registered Trademark. Remedies Available For Owner.

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Trademark Law Registering Trademarks Branding 61