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Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.
This popular case originated from a long-running legal dispute involving the Petitioner, Lucky Brand Dungarees, Inc. Lucky Brand), and the Respondent, Marcel Fashions Group, Inc. Lucky Brand claimed a defense against Marcel in the most recent case between the two, which it had not fully explored in a previous suit between them.
2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.
An expungement proceeding allows for cancellation, in whole or in part, of a trademark registration between three and ten years old if the mark has never been used in commerce with some or all of the registered goods and/or services. The biggest individual brand story of the year was Facebook’s announcement of its new META brand.
Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.
In 2011 and 2012, Booking.com applied to register “Booking.com” as a trademark associated with hotel reservation services with the U.S. The USPTO’s Trademark Trial and Appeal Boards both denied the registration, underscoring that consumers will perceive “Booking.com” as overly generic. Booking.com B.V.
The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! When Congress passed the CARES Act in late March, it featured provisions allowing the USPTO to extend some deadlines for applicants and registrants for a few months.
Today, we as consumers can easily identify the products of popular brands due to the positioning of some specific elements on the products, for instance, the three stripes of Adidas, Louboutin’s red sole shoes, or the red label on the back pocket of Levi’s jeans. Requirements for Registration of a Position Trademark.
Background In 2011, Tecnica applied to register the 3D sign below, corresponding to the shape of its Moon Boots after-ski footwear, as an EU trade mark (EUTM) for goods in classes 18, 20, and 25. Registration ( No 10 168 441 ) was granted the following year. Milano, Tecnica Group S.p.A. v Diana S.r.l.
The case concerned the registration of 'Prosecco' as a GI in Singapore. This Kat was interested to see a court finally address this argument Singapore has offered protection for GIs since 1999, but it only adopted a registration-based system in the last decade with the Geographical Indications Act 2014 ('GIA').
The Khadi and Village Industries Commission (KVIC) has secured trademark registration for the brand name “Khadi” in three more countries which were Mexico, United Arab Emirates, and Bhutan. With trademark registration in UAE, it was the first time that the brand gets trademark registration in a gulf country.
And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.
Lokesh Vyas dwells on these questions in his post in the aftermath of SRAIs registration! He argued that he had obtained proper business licenses and trademark registrations and that there were significant differences in their product logos. Is a Script a Dramatic or a Literary work? Broad Peak Investment Holdings Ltd.
Conceived by Ruth Handler and named after her own daughter, Barbie has, from its inception, been a driving force behind Mattel’s successful branding efforts, resulting in the sale of over a billion Barbie dolls and the expansion of the franchise into various media, including video games, merchandise, and a live-action movie.
Case Summaries Vst Industries Limited vs Asd Tobacco Private Limited & Anr on 6 March, 2025 (Delhi High Court) The petitioner, filed the petition to remove the respondents registration for the mark CHUMS from the Trade Mark Register. The Court noted that defendant no.1 The appellant filed the present appeal. Image from here.
The Food Safety and Standards Authority of India (FSSAI) is a statutory body established on 5 th August, 2011, under the Food Safety and Standards Act, 2006 regulated under the Ministry of Health and Family Welfare, Government of India. This is the 14 digit registration or license number that is printed on all food packages.
The company recently filed 10 applications with the US Patent and Trademark Office for the McDonald’s brand and McCafe. The Department of Industry, which is the quasi-judicial authority responsible for filing, registration and other procedural aspects, has given a decision against McDonald’s. Facts of the case. Conclusion.
Their rights will be protected thanks to the metaverse brands’ trademarks. Importance of Registration of Trademarks in the Metaverse Businesses may now reach a larger audience, increase their digital footprint, and increase profits by utilising the Metaverse. It might be more difficult than ever in the metaverse to police brands.
Match Group successfully challenged the Muslim dating app, Muzmatch’s, trade mark registrations in the EU and the U.K. And in the latest development of the dispute the High Court ruled that Muzmatch has unfairly benefited from Match Group’s reputation and investment in its brand and was riding on Match Group’s coattails for undeserved gain.
Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.
FL 2027 variety of potatoes are used to manufacture chips for the “Lay’s” brand. Apart from these suo motu corrections, the Registrar did not reject the application for lack of proper clear and complete documents and carelessly proceeded with the grant of registration. a group company of Pepsi Inc.
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.
All of these sites have long since disappeared, but interestingly their brands live on. In 2011 the file-hosting service was added to Hollywood’s list of notorious pirate sites and subsequently featured in the U.S. Instead, they end up at auction after the original registrants forgets or chooses not to renew them.
Under the patent linkage framework, the first generic applicant who has (1) successfully challenged a brand drug’s patent, and (2) is the first approved to enter the market in China, can enjoy a 12-month market exclusivity period. In China, there are “Type 4” declarations, which include Type 4.1
VCC also failed to have the NEW CERTAN trade mark registration cancelled. Kreglinger's first vintage of the wine promoted and sold as "New Certan" was the 2011 vintage, released in 2013. The registration of that trade mark was unopposed. The redesigned packaging of New Certan The critical issue was damage.
Do a quick Google search and you will find many sites explaining the history and significance of the phrase to Apple and its branding, and how it brought a new wave of popularity and interest to a floundering Apple company as of 1997. from 14 October 2011 to 13 October 2016). Trying to follow Apple's words of wisdom.
European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Tugce Kucukali is an IPilogue Writer and incoming LL.M. Hasbro v EUIPO.
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 ].
The author feels that the new mark of Twitter, with due regard to the popularity of Twitter as a brand, will be heavily opposed based on Section 9 and 11 of the Trademarks Act 1999. But, in India, Rules of 2017 and the Act of 1999 lay down the effective standards of distinctiveness for the registration of a trademark.
It has a 2014 registration for “Darkside NYC” for live musical performances by a band; the production of musical sound recordings; and websites with information about music or entertainment. SWS has performed and produced sound recordings under the names “Darkside” or “Darkside NYC” continuously since at least August 1992.
This case follows successful oppositions by Match.com to Muzmatch’s registration of its marks in 2018, and unsuccessful attempts by Match.com to purchase Muzmatch between 2017 and 2019. Muzmatch is comparatively much smaller and was founded in 2011 by Mr Shahzad Younas and now has had around 666,069 sign-ups in the UK alone.
To prevent the undue usage of their goodwill and branding celebrities used to get their names registered under the trademark act. A celebrity can be a person who has public recognition and has some goodwill and branding attached to his name. Thus, it can be assumed that registration of names as trademarks is allowed.
The 19th Asean meeting, which took place in November 2011, saw the introduction of the Regional Comprehensive Economic Partnership. The garment and export business in Cambodia must create more useful service activities including branding, marketing, and sourcing in order for it to advance up the value chain. Introduction.
According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. 2,990,814 (the “‘814 Registration”), has been used in U.S. Gardens Alive’s family of brands include, among others, Weeks Roses. Federal Trademark Reg.
With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up. With the fast-growing media and entertainment sector, the era of digital advertisement for the products branding and selling have also stepped up.
In the latest round of this 25-year-old saga, the Board granted a petition for cancellation of two registrations for the mark COHIBA (one mark in standard form, the other slightly stylized) for "cigars," on the ground of violation of Article 8 of the Pan American Convention. General Cigar Co., Pologeorgis).
The Food Safety and Standards Authority of India (FSSAI) is a statutory body established on 5 th August, 2011, under the Food Safety and Standards Act, 2006 regulated under the Ministry of Health and Family Welfare, Government of India. This is the 14 digit registration or license number that is printed on all food packages.
Opposer's Venezuelan company has sold meat products in Venezuela since 1949 under the LA MONTSERRATINA mark, and since 2011 under the mark shown second below. In the case at hand, the Board found that "the pieces of the puzzle reveal that Opposers brand reputation extends into the U.S., Coca-Cola Co., 4th 1067 (Fed.
for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. The logo is registered with the Copyright Office, and AFK applied for trademark registration as well. AKF sued LCF etc. AT&T Mobility, LLC, 710 F.3d
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. 8] 2011 (48) PTC 235 (Del.) (DB) Lal Babu Priyadarshi [9].
Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. As a result, slogan registration is frequently denied due to a lack of distinctiveness.
This case follows successful oppositions by Match.com to Muzmatch’s registration of its marks in 2018, and unsuccessful attempts by Match.com to purchase Muzmatch between 2017 and 2019. Muzmatch is comparatively much smaller and was founded in 2011 by Mr Shahzad Younas and now has had around 666,069 sign-ups in the UK alone.
Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. The European Union recognized the PDO in 2011 in an agreement between the European Union and Switzerland in 2011.
Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products.
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