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Analyzing Smell Trademarks: Laws, Significance and Issues

IP and Legal Filings

This may include creating products with certain distinct features, such as a particular smell or a sound that is exclusive to the product and the brand. Thus, several companies have attempted to manufacture products implanted with a particular smell that is exclusive to the brand. Global and Indian laws concerning smell trademarks.

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Top Trademark Trends of 2021 (Meta TMA edition)

Erik K Pelton

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.

Editing 147
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Top Trademark Trends of 2022

Erik K Pelton

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.

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Top Trademark Trends of 2020

Erik K Pelton

The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics. 2013: [link]. 2018: [link].

Trademark 130
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Federal Judge Holds Swiss Cheese Makers’ Claim to Gruyere Full of Holes

The IP Law Blog

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.

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Federal Judge Holds Swiss Cheese Makers’ Claim to Gruyere Full of Holes

LexBlog IP

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.”

Designs 40
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De Novo or Abuse of Discretion? Trademarks, The Unclean Hands Defense, and Summary Judgment Review

The IP Law Blog

He had been selling “METAL” branded clothing since the early 1990s, primarily through hard rock music magazines. This was apparently untrue and in a separate 2008 proceeding, the PTO concluded that this was a false statement, at least as to boots, and cancelled TA’s registration of the METAL mark. (decided Feb.