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Comparative Analysis: Madrid Protocol vs. Direct National Filing in India

Intepat

The former was enacted in 1892 to establish a standardized system for the international filing and registration of trademarks. Automatic registration will occur in designated countries if the trademark office does not raise any objections during a period of 12 and 18 months. Allows payment of one set of fees.

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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

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 ZenĂș was cancelled and Industria never sold any ZenĂș or Ranchera products in the United States when it owned that registered trademark.

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New CJEU referral on interplay between bad faith and trade mark functionality

The IPKat

The patent, which included France among the designated states, expired on 5 August 2021. In 2013, the three EUTMs were registered in Class 10 on the basis of acquired distinctiveness. In 1991, CeramTec obtained a European Patent to a ceramic matrix composite, used in the production of this hip-replacement implant.

Art 64
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Time for the 12 O'Clock Boyz to go: court shuts down (c)/TM lawsuit against documentary & feature film about Baltimore bikers

43(B)log

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore.

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Africa IP Highlights #2: The trademarks arena

The IPKat

The Plaintiffs highlighted specific instances where the Defendants falsely represented themselves as the Plaintiffs when applying for work for the Kenya Film Commission’s Technical Proposal KFC/OT/05/2013/2014 by using the Plaintiffs’ trademark ‘ACAL' without the Plaintiffs’ authority or consent.

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SpicyIP Weekly Review (February 6- February 12)

SpicyIP

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them.

Designs 52
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SpicyIP Weekly Review (December 6- December 12)

SpicyIP

Calcutta High Court allowed an application for rectification directing the Trademarks Registrar to cancel the registration granted to and remove the impugned mark ‘Neemyle’. Louis Vuitton Malletier v. Capital General Store and Anr. on 2 December, 2022 (Delhi High Court). Image from here. 2) to be present on February 2 for sentencing.