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.

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 98

IP and Legal Filings

JULY 28, 2022

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. It was back in January 2011 when Future Enterprises had officially filed ‘Mac Coffee and Eagle device’ trademark before DOI. Facts of the case.

Trademark 97

Trademark Branding Brands Branding 97

The IPKat

MARCH 17, 2024

VCC also failed to have the NEW CERTAN trade mark registration cancelled. Importantly for this case, VCC produces two types of expensive French red wine involving various up-market grape types. Kreglinger's first vintage of the wine promoted and sold as "New Certan" was the 2011 vintage, released in 2013.

Designs 107

Designs Design Marketing Marketing 107

IP and Legal Filings

FEBRUARY 7, 2023

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. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 98

Trademark Non-Fungible Tokens Branding Brands 98

TorrentFreak

NOVEMBER 24, 2022

In 2011 the file-hosting service was added to Hollywood’s list of notorious pirate sites and subsequently featured in the U.S. Government’s notorious markets report. Instead, they end up at auction after the original registrants forgets or chooses not to renew them. Not just once but two years in a row.

Advertising 121

Advertising Advertising Copying Registration 121

The IPKat

DECEMBER 21, 2023

Those machines have been imported into the UK for distribution and sale since June 2013, and marketed using the acronym ICE and the following logo: Both the Claimant and the First Defendant have trade mark registrations in the United Kingdom.

Registration 67

Registration Intellectual Property Designs Design 67

IP Tech Blog

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective.

Litigation 98

Litigation Patent Intellectual Property Branding 98

IP and Legal Filings

SEPTEMBER 12, 2024

Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. It was another case of how hard it is for big brands to defend their marks against light-hearted references where the respective products have different markets.

Branding 98

Branding Brands Branding Trademark 98

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 98

Trademark Branding Branding Brands 98

The IPKat

JUNE 11, 2022

However, upon further examination, it appears that the outcome was to be expected, given that revocation proceedings were based on a lack of genuine use of the mark between 2011 and 2016. from 14 October 2011 to 13 October 2016). Trying to follow Apple's words of wisdom.

Advertising 97

Advertising Advertising Reporting Registration 97

IP and Legal Filings

NOVEMBER 30, 2022

The 19th Asean meeting, which took place in November 2011, saw the introduction of the Regional Comprehensive Economic Partnership. By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region.

Intellectual Property 94

Intellectual Property Marketing Marketing IP 94

SpicyIP

JULY 28, 2023

The courts have repeatedly held that in the Indian market, if the customers and services offered by the company are different, similar trademarks may be protected. Public perception which is a relevant factor is possible with Twitter due to its current foothold in the market.

Trademark 96

Trademark Marketing Marketing Branding 96

SpicyIP

JUNE 26, 2022

Each of these issues, in turn, can make or break the validity of design registrations as well as determine the fate of design infringement actions. Second, it questions how much similarity ought to be enough to prevent two designs from co-existing in the same market.

Design 133

Design Designs Law Intellectual Property 133

Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. For example, 9th Circuit courts used the “Internet trinity” factors in the 2000s, and then switched in 2011 to a unique four-factor test from the Network Automation. ” Marketing channel.

Advertising 98

Advertising Advertising False Advertising Trademark 98

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 ].

Litigation 75

Litigation Registration Branding Branding 75

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. 8] 2011 (48) PTC 235 (Del.) (DB) Lal Babu Priyadarshi [9].

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

SpicyIP

FEBRUARY 27, 2023

on 23.02.2023 (Delhi High Court) The plaintiff who was engaged in the business of pipes, plumbing and the likes had obtained various registrations in respect of the ‘CPVC PRO’ and ‘CPVC PRO’ formative trademarks prior to launching Chlorinated Polyvinyl Chloride (CPVC) piping systems in India. Case: Astral Ltd. Ashirvad Pipes Pvt.

Trademark 104

Trademark IP Registration Technology 104

The IPKat

DECEMBER 21, 2021

Both marks registered on 19th April 2011. 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. The applications for revocation concerned all the goods in Class 30 (‘the contested goods’).

Registration 78

Registration Licensing Television Reporting 78

The TTABlog

MAY 5, 2022

In what appears to be a case of first impression, the Ninth Circuit ruled (perhaps unsurprisingly) that under the Madrid Protocol, a foreign applicant who obtains a registration without showing actual use in the United States has a right of priority, as of the relevant constructive use date, over another who first used the mark in the United States.

Registration 52

Registration Marketing Marketing Trademark 52

IP and Legal Filings

FEBRUARY 20, 2022

As a result, slogan registration is frequently denied due to a lack of distinctiveness. The criterion for distinctiveness for slogans is the same as for other word marks, i.e., it should be examined in light of the goods or services for which registration has been sought, as well as the public’s perception of the mark.

Trademark 69

Trademark Advertising Advertising Registration 69

IP and Legal Filings

AUGUST 4, 2023

In ancient times the name of Kings and Queens were used to make the products prevalent in the market, this technique has worked in the past and that is why companies do not fail to sponsor a celebrity to launch their products to make them prevalent in the market. Entertainment v.

Trademark 52

Trademark Registration Branding Brands 52

The IPKat

OCTOBER 15, 2021

Since 2011, she had provided spiritual and holistic education, training and therapy services to the public in person and online. A counterclaim for passing off and a declaration of invalidity of Stone’s trade mark was also submitted. In EU case law, a similar standard has been upheld.

Business 83

Business Social Media Registration Intellectual Property 83

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 57

Marketing Marketing Ownership Advertising 57

LexBlog IP

JULY 21, 2021

Applications and registrations for designs generally decreased compared to 2019, but certain classes of products pertinent to assisting with the COVID-19 outbreak, or entertainment in lockdown, saw a proportional increase. Applications and Registrations. Design Right Applications, Registrations and Certifications. Key players.

Reporting 52

Reporting IP Patent Application Registration 52

IP and Legal Filings

OCTOBER 20, 2022

To further the object of The Legal Metrology Act, 2009 and to regulate pre-packaged commodities, the Department of Consumer affairs has notified the Legal Metrology (Packaged Commodities) Rules, 2011(hereinafter referred to as “the rules”) which are amended from time to time. After this date, the product should not be marketed/ sold. [12].

Advertising 96

Advertising Advertising Due Diligence Government 96

Intepat

MAY 28, 2024

Notably, Apple trademarked its store design in the United States in 2011. The logo, consisting of a stylized apple with a bite taken out of it, is instantly recognizable amongst the consumer base and needs no introductions amongst the market & trade channels. Prior Registration and Use: Apple Inc.

Trademark 52

Trademark Intellectual Property Branding Branding 52

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. Poulsen claims the Mark, protected under U.S. Federal Trademark Reg.

Trademark 40

Trademark Branding Brands Branding 40

43(B)log

JANUARY 5, 2024

In 2011, Plaintiff sued defendants for using the marks “Florida Virtual Academy/Program” and the associated acronyms, “FLVA/P.” Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. And they targeted school districts in their marketing.

Branding 59

Branding Brands Branding Marketing 59

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 65

Cease and Desist False Advertising Registration Licensing 65

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. The order was temporarily stayed pending full authentication of the Colombian registrations. But it does not seem to require harm.

False Advertising 59

False Advertising Advertising Advertising Registration 59

The IPKat

SEPTEMBER 4, 2024

In 2011, Fauré Le Page Paris filed applications for the French trade marks that were containing the words ‘Fauré Le Page Paris 1717’. 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.

Personality Rights 57

Personality Rights IP Copyright Art 57

The IPKat

JULY 5, 2024

Both dates were rather close together and they covered March/April 2011 to March/April 2016. Further, the defendant did not enter and compete with Volkswagen on the market for the original cars but was instead on a separate market.

Licensing 67

Licensing Advertising Advertising Marketing 67

43(B)log

DECEMBER 26, 2022

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

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

The TTABlog

MARCH 15, 2024

Petitioner MHCS sought cancellation of a registration for the mark VEUVE OLIVIER for sparkling wines, claiming a likelihood of confusion with the registered mark VEUVE CLICQUOT for champagne. Priority was not an issue because MHCS filed its underlying application first.

Advertising 48

Advertising Advertising Registration Branding 48

IIPRD

SEPTEMBER 17, 2021

These items have restricted production and remain in the market only for a short duration of time. They almost never re-enter the market again. This creates scarcity of the product in the market. Basic principles of economics dictate that when a product is scarce in nature, its demand in the market tends to increase.

Editing 52

Editing IP Artistic Work Design 52

The TTABlog

DECEMBER 27, 2021

in which both parties own registrations, priority is an issue." The term “reverse confusion” has been used to “describe the situation where a significantly larger or more prominent newcomer ‘saturates the market’ with a trademark that is confusingly similar to that of a smaller, senior registrant for related goods or services.”

Branding 52

Branding Branding Brands Registration 52

IP and Legal Filings

OCTOBER 31, 2023

Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1). Company in 2011 submitted its four trademark applications to the US Patent and Trademark Office (USPTO) for the use of “BOOKING.COM” as a word trademark. However, section 32 provides an exception to this rule. trademark law.

Trademark 59

Trademark Trademark Law Registration Fair Use 59