IP Intelligence

OCTOBER 19, 2023

Following the Federal Circuit’s 2009 In re Bose Corp. The grounds on which the Federal Circuit reversed arise from its construction of the statute’s unambiguous language, which provides only that the Board has authority to cancel registrations under Section 14 of the Lanham Act, 15 U.S.C. Great Management Group L.L.C.

Registration 59

Registration Trademark Litigation 59

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

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 64

Trademark Registration 64

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.

Trademark 126

Trademark Registration Marketing Marketing 126

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 68

Registration Branding Brands Branding 68

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 Brands 98

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

FEBRUARY 20, 2024

On 23 August 2021, CeramTec applied for registration of three European Union trade marks (EUTMs): the three-dimensional mark No 10 214 179 in the colour ‘pink, Pantone 677 C’ (to the upper right), the figurative mark No 10 214 112 in the colour ‘pink, Pantone 677 C’, and the mark No 10 214 195 consisting in the colour pink, Pantone 677 C.

Art 68

Art Registration Registering Trademarks Intellectual Property 68

SpicyIP

DECEMBER 26, 2021

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. The order notes that the date in the application is stated to be 2002 in America, but 2009 in India.

Registration 122

Registration Patent Law Litigation IP 122

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

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 52

Art Registration Intellectual Property Law 52

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 121

Public Domain Design Designs Registration 121

Intellectual Property Brief

APRIL 23, 2021

In the “StrongVolt Case,” an electronic goods trademark is voided under the use in commerce requirement for a valid registration. In 2009, Matey Michael Ghomeshi.

Registration 52

Registration Trademark Intellectual Property IP 52

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.

Art 74

Art Registration Law Trademark 74

The IPKat

NOVEMBER 23, 2024

The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. Her first worldwide tour in 2009 included four shows performed in Brisbane, Sydney and Melbourne, and she sold "KATY PERRY" branded apparel and merchandise at these concerts. Background Katy Perry during the Prismatic tour in 2014.

Cease and Desist 71

Cease and Desist Registration Branding Brands 71

The TTABlog

DECEMBER 21, 2022

Applicant pointed out that the marks have co-existed since 2009 without actual confusion. Moreover, since applicant is in Miami and registrant in Atlanta, there would be no geographic overlap and almost no opportunity for actual confusion to occur. The Board, however, noted the lack of evidence of the extent of use of the cited mark.

Registration 79

Registration Designs Design Ownership 79

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. Once the association is established, an application for registration can be filed with the Ministry of Commerce.

Registration 90

Registration Trademark Law Ownership 90

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.

Registration 82

Registration Reporting Marketing Marketing 82

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

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. Respondent's witness testified that "since at least as early as 2009, IAP has steadfastly intended to use the OMNI BIOTIC mark in U.S.

Registration 59

Registration Copyright Law 59

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 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.

Registration 141

Registration Reporting Design Designs 141

The TTABlog

OCTOBER 24, 2024

Applicant relied in part on its previously issued (now lapsed) registration of the same composite shown above for "real estate development services, namely, development of a private luxury resort property," one of the two services identified in the current applications, with a disclaimer of COMPANY but not CATTLE COMPANY.

Registration 64

Registration Business Design Designs 64

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

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 ).

Registration 65

Registration Trademark Design Designs 65

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

DECEMBER 30, 2024

Notably, it follows my earlier analysis of the Cancellation Divisions decision concerning the trade mark registration for TESLA, obtained by a so-called trade mark "troll" (see IPKat here ). In view of the above, the Cancellation Division considered that the following observations indicated that the EUTM holder had acted in bad faith: 1.

Registration 58

Registration Copyright Business Design 58

The IPKat

DECEMBER 21, 2022

4 of Regulation 207/2009 ) The current regulation abandoned the requirement of graphical presentation and only requires the sign be capable of -- … being represented on the Register […] in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor. (

Art 92

Art Registration Technology Law 92

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 Branding Brands 95

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 94

Trademark Branding Brands Branding 94

Copyright Lately

JULY 12, 2021

In 2009, Woody Allen settled a right of publicity and Lanham Act lawsuit for $5 million after his likeness from “Annie Hall” was used on a billboard for American Apparel. But the case settled in 2009 on the eve of trial for a cool $5 million – one of the few publicly reported settlements in cases like these.

Copyright 75

Copyright Advertising Advertising Settlement 75

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

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

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.

Registration 56

Registration Designs Design Copyright 56

The IPKat

MAY 31, 2023

Consideration is inter alia given to the origin of the contested sign, use since its creation, commercial logic underlying the filing of the application for trade mark registration, and chronology of events leading up to the filing.

Registration 82

Registration Design Designs 82

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

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 40

Registration Cease and Desist Branding Brands 40