LexBlog IP

MAY 18, 2022

2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements. The situation is much more complex for product designs and 3D packaging. copyright law. For comparison, U.S. Like in the U.S.,

Designs 52

Designs Design Copyright Artistic Work 52

The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

Designs 52

Designs Design Design Patent Advertising 52

The IPKat

MARCH 4, 2024

Nike, a titan in the industry, has managed to register more than 3,000 trade marks throughout the years on a European level and owns the title of the second most successful applicant for registered Community designs at the EUIPO for the past decade, as per the EUIPO’s Design Focus Report (2010-2019).

Copying 102

Copying Designs Design Branding 102

Intepat

MAY 12, 2023

After successful registration, the trademark is considered to be granted and protected in the member states. It establishes an agreement where only a single application plus a prescribed fee is needed to get protection in the designated member states. Under the system, one agent in the home country is enough for registration.

Registration 52

Registration Branding Brands Branding 52

IP and Legal Filings

AUGUST 11, 2023

2] This new set of marks is often referred to as non-traditional trademarks , and the qualification for their registration, as opposed to a traditional mark, is substantially higher. [3] I do this by demonstrating the statutory criteria for trademark registration and then applying the set criteria to check the registrability of braille.

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Trademark Registration Intellectual Property Intellectual Property Law 93

The TTABlog

AUGUST 3, 2022

Although Petitioner owned three registrations for its marks, it had disclaimed the words NATURAL DOG COMPANY in one registrations, claimed acquired distinctiveness in another (with a disclaimer of DOG COMPANY), and accepted a Supplemental Registration in the third. Petitioner claimed a first used date in 2008. Otto Roth , 640 F.2d

Law 52

Law Registration Design Designs 52

The IPKat

MAY 5, 2023

A recent dispute in Nigeria over trade mark registration and possible proprietorship over a movie title and a title character has brought to the fore questions regarding the processes and procedures at the Trade Mark Registry and whether movie titles and title characters without more should be registrable as trade marks in Nigeria.

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Registration Ownership Copyright Trademark 119

IP and Legal Filings

MARCH 24, 2023

Introduction The Plaintiff is engaged in the construction business and is the proprietor of trademark BURJNOIDA in class 37 (for building and construction services) as of February 2, 2011, which it claims to have been using since December 24, 2010.

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Registration Trademark Copyright Infringement Copyright 91

IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] Both treaties were established during diplomatic gatherings in Madrid, Spain.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

The TTABlog

MAY 26, 2022

The USPTO refused registration of the mark AJ LAMPS for "Lighting apparatus, namely, table lamps" [LAMPS disclaimed], on the ground of likelihood of confusion with the registered mark AJ for "Lighting fixtures; HID lighting fixtures." The Board unsurprisingly found the marks to be similar, but what about the goods?

Registration 54

Registration Branding Brands Branding 54

The TTABlog

NOVEMBER 10, 2021

To be registrable, a proposed trademark must function as a source indicator in the eyes of relevant consumers. 96 USPQ2d 1227, 1229 (TTAB 2010); In re Aerospace Optics, Inc., Hungerford Smith” to identify the source of its soft drink syrup; the proposed mark "Burgundy"appeared only as a flavor designation and not as a trademark.

Trademark 97

Trademark Registration Design Designs 97

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

2,990,814 (the “‘814 Registration”), has been used in U.S. 1057(b), Poulsen claims the ‘814 Registration is prima facie evidence of the validity of the Mark, Poulsen’s ownership of the Mark, and Poulsen’s exclusive right to use the Mark in commerce. In 2010, J&P Park Acquisitions, Inc. Federal Trademark Reg.

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

JANUARY 13, 2023

The Board granted a petition for cancellation of a registration (issued in 2010) for the purported mark SMART WALLET for "wallets," on the ground of genericness. Significant evidence" convinced the Board that "wallets containing RFID blocking are referred to and understood by the public as 'smart wallets' —a sub-group of wallets."

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Social Media Technology Registration Design 92

The TTABlog

JUNE 13, 2022

The Board has re-designated as precedential its April 2001 decision dismissing an opposition to registration of the mark SPINTIRES for computer games and software. 91248894 (April 2, 2021) (re-designated as precedential, June 1, 2022). 95 USPQ2d 1327 (TTAB 2010). Saber Interactive Incorporated v. 2.107(b); see also O.C.

Ownership 40

Ownership Registration Design Designs 40

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design.

Trademark 110

Trademark Contracts Blogging Fair Use 110

SpicyIP

DECEMBER 15, 2023

Three months after scrapping the preliminary exams for the recruitment of patent and designs examiners, the Department of Promotion of Industry and Internal Trade (DPIIT) has re-notified the preliminary exams to be conducted on December 21. a PSU under the Ministry of Education) for recruitment of Examiners till 2010 (see here ).

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Patent Higher Education Design Designs 59

The TTABlog

FEBRUARY 22, 2022

96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc. , Would you have applied for registration? In re Eagle Crest Inc. , 129 USPQ2d 1148, 1149-50 (TTAB 2019)." The record included numerous examples of third parties using "get ordained" to convey its ordinary meaning. Read comments and post your comment here.

Service Mark 76

Service Mark Advertising Advertising Registration 76

IP and Legal Filings

SEPTEMBER 27, 2021

The applicant Cole Haan LLC filed for registration of figurative sign Ø as an EU trademark under Nice Classes 18 and 25, which includes suitcases, bags, and clothing. designating European Union for goods in similar Nice Classes 18 and 25, which on comparison shows a slight tilt at a different angle.

Trademark 52

Trademark Registration Design Designs 52

The TTABlog

MAY 29, 2024

Eagle Crest , 2010 WL 3441109, at *3." Simply calling A S LIVE FOREVER a brand cannot transform an otherwise unregistrable designation into a registrable mark." A consumer is likely to buy the goods or services that prominently display the phrase because of the message conveyed.

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Service Mark Branding Brands Branding 116

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. ” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. ” [8]. .”

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

The IPKat

MAY 16, 2022

Background Inditex, the Spanish fashion group whose flagship store is Zara, sought in 2010 to register the word mark “ZARA” as a European Union trade mark (EUTM) for goods and services in Classes 29 to 32, 35, and 43 (see the table below with a more detailed list). From the BoA decision (R 2040/2019-4, para. T-467/20, para.

Registration 93

Registration Branding Brands Branding 93

The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

Brands 52

Brands Branding Branding Registration 52

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. 1] The best part about a copyright is that its registration is typically inexpensive and straightforward. The reviewal process for the U.S.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

Kashishipr

AUGUST 24, 2022

The same is done through the Nice Classification of Goods and Services , which, in 2010, added Class 43 for restaurants and hotels. The Indian Hotels Company Limited filed a Trademark Application for the Taj Mahal Palace Hotel in Mumbai and obtained its registration. Trademark for the Taj Mahal Palace Hotel.

Trademark 52

Trademark Brands Branding Branding 52

43(B)log

JULY 3, 2023

Industria has never had a registration for Ranchera; its application was opposed by an unrelated third party and has been suspended; a prior registration for Zenú was cancelled and Industria never sold any Zenú or Ranchera products in the United States when it owned that registered trademark. Prior import plans in 2010-11 were paused.

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False Advertising Advertising Advertising Registration 59

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.

Designs 52

Designs Design Trademark Branding 52

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.

Registration 52

Registration Intellectual Property Marketing Marketing 52

SpicyIP

FEBRUARY 26, 2024

Controller of Patents and Designs made some interesting observations on this issue. The petitioner, with a prior registration since 2010 and evidence of use since 2000, argued against the respondent’s mark registered in December 2018 on a proposed-to-be-used basis. The MHC in Novozymes v. Legislative Oversight?

Trademark 59

Trademark Copyright Registration Design 59

The TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. In July 2016, applicant petitioned to cancel ARSA's registration, and in 2017 it applied to register its EUCALIN word-and-design mark. In May 2015, applicant was removed from the SDNT list.

Ownership 40

Ownership Litigation Registration Business 40

IP and Legal Filings

OCTOBER 28, 2023

Only when the individual makes use of the following mark does trademark infringement take place in the form of dilution: Similar or identical to a registered trademark with established goodwill in India Use relates to products or services other than those covered by the registration. 2010 (42) PTC 572 (Del.)

Trademark 89

Trademark Registering Trademarks Trademark Law Branding 89

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 113

IP Copyright Trademark Intellectual Property 113

LexBlog IP

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.” The test turns upon the primary significance that the term would have to the relevant public.

Designs 40

Designs Design Branding Brands 40

IIPRD

MAY 4, 2023

[Image Sources : Shutterstock] Medical devices are either designed to target a specific health condition or improved with slight variations to be more effective or replicated for mass accessibility. Therefore, only those medical devices which have novelty, inventiveness and utility classify for patent filing.

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

LexBlog IP

FEBRUARY 9, 2022

Applicant’s POTIFY platform is designed to permit legal marijuana dispensaries to market and sell their products, including via mobile applications and websites. The incontestable Registration is not based on a claim of acquired distinctiveness. 96 USPQ2d 1479, 1497 (TTAB 2010). Spotify AB , 2022 USPQ2D 37 at *13–14.

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Television Music Advertising Advertising 40

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. In 2010, the Second Circuit issued a watershed decision about secondary trademark infringement. Overturning Tiffany v.

Trademark 144

Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

OCTOBER 19, 2021

Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., WhenU concluded that copyright was a dead-end. 1-800 Contacts v. WhenU concluded that trademarks was a dead-end. Silvaco Data Sys.

Licensing 103

Licensing Copyright Contracts Advertising 103

SpicyIP

JULY 22, 2023

It states that the current IP regime poses problems in the context of generic computer programs because of the way the algorithms are designed and trained using large data sets. National Internet Exchange India , where the court suggested using AI to prevent registration of identical and deceptively similar marks (page 6).

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IP Intellectual Property Reporting Government 92