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 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 Branding 75

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

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 98

Registration Trademark Law Ownership 98

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 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 Design Designs Ownership 79

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 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 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 Designs Design 64

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 85

Copyright Advertising Advertising Settlement 85

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

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 hypothesis was confirmed, hence popularising the concept of eco-marks among the business giants.

Brands 98

Brands Branding Branding Trademark 98

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 Brands Branding 98

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 Branding 95

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. 35 does not apply if the name has acquired distinctive or secondary meaning (The Goenka case (2009)). It also means that both HoABL and Macrotech are involved in vertical development.

Branding 59

Branding Brands Branding Business 59

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 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 Design Designs Copyright 56

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 Brands Branding 40

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.

Copyright 52

Copyright Registration Artwork Design 52

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

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. The 2009 law enacted for regulation of plant varieties in the country ensured that there is requisite protection provided to the breeders through a sui generis system. Image Source: Freepic].

Intellectual Property 52

Intellectual Property Registration Intellectual Property Law Law 52

Kashishipr

AUGUST 2, 2021

A Unique Temporary Registration Number (UTRN) is generated on filing the online application. After approval of the application for recordation by the Commissioner of Customs, the UTRN will be converted to UPRN (Unique Permanent Registration Number), and the said UPRN would be issued, which confirms the recordation.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

SpicyIP

MAY 10, 2023

1055/DELNP/2009 for the invention –“Process Device with Density Measurement” and the subsequent rejection order (dt July 7, 2017) passed by the Controller. The T hree Orders Now, let’s look at the three cases in hand. Rosemount Inc.

Trademark 126

Trademark Invention Patent Art 126

LexBlog IP

NOVEMBER 8, 2023

Patent and Trademark Office’s Trademark Trial and Appeal Board (“TTAB”) did not have the authority to cancel the registration of a mark made incontestable by way of a fraudulent declaration. Georgia-based Great Concepts, LLC obtained a federal registration for the mark DANTANNA’S for restaurant services in 2005.

Registration 52

Registration Trademark Litigation Patent 52

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. Since the petitioner has priority over both registration and the user of the said trademark, the court, thus, ordered the Ld.

Trademark 104

Trademark Registration Cease and Desist IP 104

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. 75800094).

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

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 59

Registration Ownership Licensing Trademark 59

The TTABlog

AUGUST 5, 2024

In this opposition to registration of the mark BLIZZARD for various business services, Applicant Ava Labs, Inc., counterclaimed to cancel two pleaded registrations owned by Opposer Blizzard Entertainment for online retail store and mail order services. 662, 678 (2009). Ashcroft v. Iqbal , 566 U.S. In re Dr. Pepper Co.,

Trademark 56

Trademark Service Mark Registration Television 56

SpicyIP

JANUARY 3, 2024

So much so that the when copyright in his works was expiring in 2009, the Trust owning copyright in Mahatma’s writing refused to petition the government to extend the term of copyright as was done in 1992 for Tagore’s works. Mandatory requirement of the registration of the work in order to institute a suit for copyright infringement.

Copyright Law 69

Copyright Law Copyright Law Registration 69

SpicyIP

NOVEMBER 2, 2021

For the benefit of the reader, the diagram taken from the Trademark registry’s portal describe the entire workflow of an application from filing to its registration. The Dataset. A dataset was built by scraping the electronic register of the Indian Trademark Registry in 2020. The dataset consisted of 309,189 marks in total.

Reporting 126

Reporting Trademark Advertising Advertising 126

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]

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

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.

Registration 52

Registration Trademark Marketing Marketing 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." 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

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. In India, the demand for trademark registration is growing by the day, demonstrating that people are becoming more aware of the importance of protecting their products. Registered Trademark. The Coca Cola Company v.

Trademark 89

Trademark Law Registering Trademarks Branding 89