The IPKat

NOVEMBER 24, 2022

On October 30, 2013, a German company applied to the German Trade Mark Office (DPMA) for a word mark “Black Friday”. On December 20, 2013, the trade mark was registered for a large number of goods and services in classes 9, 35 and 41. Several of the recipient companies filed actions with the DPMA to invalidate the registration.

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Registration Advertising Advertising Art 119

SpicyIP

JANUARY 23, 2022

As part of the course pedagogy, two question papers from 2013 and 2016 will be solved and methods to draft claims, specification, and abstract will be discussed. Participants can also send in their solved questions from the years 2013 and 2016 and they will get individual feedback. may be addressed to eoffice@techlaw.in.

Patent Drafting 105

Patent Drafting Patent Advertising Advertising 105

The IPKat

JULY 11, 2022

The case that offered the opportunity to address the above saw the producers of protected designation of origin (PDO) “Cava” opposing an application for a three-dimensional EU trade mark “CHENINE Brut PREMIUM CAVA BOTTLE” (on the right). 103(2)(a) Regulation 1308/2013 GIs are protected against undue exploitation of their reputation.

Art 132

Art Registration Law Designs 132

The IPKat

NOVEMBER 30, 2021

Kat friend, Becky Knott, promises that she doesn’t just write about alcohol, see here , but a recent decision involving the Protected Designation of Origin for ‘Porto’ caught her eye (palate?). 1308/2013 (see here for the Regulation). The GC thought “yes”. Let’s take a look [BoA decision here , GC decision here , case no T-417/20].

Public Domain 122

Public Domain Design Designs Registration 122

SpicyIP

FEBRUARY 3, 2025

Other Posts SpicyIP Tidbit: Delhi Police Authorized to Issue Takedown Orders for Unlawful Content On 26th December 2024, the Delhi Government issued a gazette notification, designating Delhi Police as the nodal agency for regulating digital content hosted or published on intermediary platforms in the National Capital Territory of Delhi.

Copyright 95

Copyright Litigation Trademark Copyright Infringement 95

IP and Legal Filings

JULY 9, 2024

A large fields of things that can be registered as a trademark Traditional and Non Traditional Trademarks JM et al,2013 Trademarks can actually be anything from words, symbols, pictures but this has in recent years expanded to the non-traditional trademarks.

Trademark 98

Trademark Registration Brands Branding 98

The IPKat

JUNE 6, 2022

CIVC affirmed that “Champanillo” constituted an evocation of PDO “Champagne”, which is considered an infringement under Regulation (EU) No 1308/2013. In considering the case, the Barcelona Appeal Court expressed uncertainty regarding the interpretation of Regulation (EU) No 1308/2013, and so it requested for a preliminary ruling (case C?783/19

Social Media 129

Social Media Advertising Advertising Designs 129

IPilogue

DECEMBER 6, 2021

In 2013, the chain of Zellers stores officially closed. However, HBC’s registration over its design mark was expunged by the Canadian Intellectual Property Office on September 24, 2020 for failure to renew. This registration covered, among other services at Zellers, the overall “operation of department stores”.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Designs 60

Designs Design Art Intellectual Property 60

The IPKat

MARCH 22, 2023

The case saw the Consortium of producers of protected designation of origin (PDO) “Pecorino Romano” acting against Formaggi Boccea, an Italian cheese producer, which owns “Cacio Romano” trade mark. With this Kat’s feed being flooded with the news of the ruling in “Pecorino Romano” v.

Art 141

Art Registration Government Publishing 141

The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. 108 USPQ2d 1134, 1145 (TTAB 2013). Doskocil Mfg.

Registration 58

Registration Trademark Social Media Designs 58

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

Designs 52

Designs Design Copyright Artistic Work 52

LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

Designs 52

Designs Design Trademark Intellectual Property 52

The IPKat

MARCH 17, 2024

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 label designer had received photos of VCC bottles and instruction from de Moor to use them as inspiration.

Designs 109

Designs Design Marketing Marketing 109

LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a Mask Work. Understanding Mask Work.

Registration 40

Registration Designs Design Copying 40

IP and Legal Filings

DECEMBER 23, 2023

is the duty of the proprietor of an OPC to designate a successor who will assume control of the business upon the proprietor’s demise. The One Person Company formation in India was introduced by the Companies Act of 2013. Ltd (1896) Section 2 (62) of the Companies Act, 2013 Section 3 of the Companies Act,2013.

Business 105

Business Reporting Contracts Designs 105

IIPRD

JUNE 29, 2022

The monogram was designed to help them brand their firm and prevent copycats from trespassing on their turf. Fashion and luxury goods manufacturing requires a great deal of imagination, from the designs of the garments to the patterns, shapes, logos, symbols, and names associated with them. IP PROTECTION LOUI VUITTON PRODUCTS HAVE.

Intellectual Property 98

Intellectual Property Brands Branding Branding 98

The TTABlog

NOVEMBER 10, 2021

To be registrable, a proposed trademark must function as a source indicator in the eyes of relevant consumers. 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. home brew supply shops, home brewers). Hungerford Smith Co.,

Trademark 97

Trademark Registration Designs Design 97

The IPKat

NOVEMBER 24, 2023

Living in sunny Australia, Chewbacca has no excuse for his grumpiness © Madi Hapi Design Law Redesign The Centre for Commercial Law Studies at Queen Mary University of London is holding a seminar on the reforms which are currently taking place internationally and regionally in relation to design law.

Intellectual Property 69

Intellectual Property IP Design Designs 69

The IPKat

JUNE 10, 2023

He then discussed the case related to the colour mark filed to wrap chocolates (Cadbury 2013, EWCA Civ 1174 ) and two other past cases, Heidelberger Bauchemie GmbH ( C-49/02 ), concerning a combination of the colours blue and yellow, and Dyson ( C-321/03 ), concerning a transparent bin. The panel then discussed Sky v.

Reporting 83

Reporting Registration Law Patent Law 83

IP and Legal Filings

JANUARY 31, 2022

PROCESS FOR REGISTRATION. The applicant shall inform the designated AD Category-I bank of the date on which the BO/LO/PO is set up and the AD Category-I bank shall inform the Reserve Bank accordingly. Such branch offices comply with Chapter XXII of the Companies Act 2013 and. REGISTRATION WITH POLICE AUTHORITIES IN INDIA.

Due Diligence 97

Due Diligence Business Designs Design 97

JIPEL Copyright Blog

APRIL 4, 2022

In the playpen that is nonverbal marks, the game is all about whether registrants can jump the hurdle between two opposing classifications—product packaging and product configuration. the court reasoned that product design is not inherently distinctive because its inclusion makes the “product itself more useful or more appealing.”.

Registration 52

Registration Designs Design Trademark 52

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. 2] Adidas vs. The lawsuit raised an understanding of the value of enduring trademarks and the perils of “knock-off” designs. FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Branding 98

Branding Branding Brands Trademark 98

SpicyIP

JANUARY 16, 2023

Communication of conceptual design to the public will not mean prior publication of the design, clarifies Delhi High Court. The court further held that mere communication of the concept of a design does not constitute prior publication. Case: Novateur Electrical & Digital Systems Pvt.

Trademark 102

Trademark Design Designs Registration 102

The TTABlog

AUGUST 3, 2022

Respondent established a first use date of December 2013. 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.

Law 52

Law Registration Designs Design 52

The TTABlog

JANUARY 24, 2022

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

Designs 52

Designs Design Registration Music 52

The TTABlog

FEBRUARY 22, 2022

In re Hulting , 107 USPQ2d 1175, 1180 (TTAB 2013). Its advertising expenditures of $1M were "modest" and its sales revenues and number of consumers were "not so impressive as to elevate Applicant's highly descriptive designation to the status of a distinctive mark" in the absence of market share and other contextual information.

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Service Mark Advertising Advertising Registration 78

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 69

Registration Intellectual Property Designs Design 69

Intepat

JUNE 17, 2024

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.

Registration 52

Registration Designs Design Trademark 52

Indiana Intellectual Property Law

AUGUST 18, 2021

Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”). Registration No. Service Mark Registrations, Nos.

Trademark 52

Trademark Registration Service Mark Advertising 52

Garrigues Blog

FEBRUARY 7, 2023

Both Designations of Origin (DO) and Protected Geographical Indications (PGI) are essential to ensure that the goods that they protect comply with strict quality criteria and come from a specific geographic location. The existence of an earlier registration. However, can the two coexist? Let’s take a look at what happened.

Trademark 52

Trademark Registration Intellectual Property Blogging 52

The TTABlog

OCTOBER 5, 2023

As to commercial strength, there were no third-party uses or registrations of the same or similar sun-kissed formative marks in the industry. Opposer submitted sales and marketing expenditures for fresh fruit from 2013 to 2021 and for carbonated soda from 2007 to 2021. It failed to do so.

Advertising 69

Advertising Advertising Marketing Marketing 69

The TTABlog

JUNE 15, 2022

In a mere 13 pages, the Board denied a petition for cancellation of a registration for the word-plus-design mark shown below, for "magazines in the field of current events and sports," rejecting pro se Petitioner Steven Westlake's claims of abandonment and fraud. Steven Westlake v. Edgar Alexander Barrera and Richard K. E.g., this one.

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Registration Publishing Designs Design 49

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.

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

DECEMBER 20, 2022

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

Fair Use 52

Fair Use Trademark Copyright Editing 52

SpicyIP

JULY 19, 2021

She highlights the issues and barriers to the registrability of smell-marks. She argues that unlike the Attars of Kannauj which are designated as Geopgraphical Indication, all small traditional businesses of Attars and Agarbattis do not enjoy such privilege, and thus, protection as smell marks may lend necessary protection to such TCE.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Indiana Intellectual Property Law

AUGUST 9, 2021

Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”). Since 2002, Monster asserts it has spent over $8.5 Monster is seeking damages for trademark infringement arising under 15 U.S.C.

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Cease and Desist Trademark Brands Branding 52