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Common Mistakes to Avoid When Registering a Trademark

IP and Legal Filings

Introduction Registration of a trademark is an important step toward building a brand on solid ground. Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademark registration. What may pass for the other country may not go well in this country.

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IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright

SpicyIP

on banking regulations and its observations on the use of trademark as collateral. Bharat is a fourth-year student at the National Law School of India University, Bengaluru. Therefore, the law usually has registration requirements (known as ‘perfection’ of security) that are meant to serve as public notice to the world at large.

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Genus-Species in Trademark Law Usage

Patently-O

The company had been using the name for several years in the payday loan business, and in 2012 expanded into pawn shops and then filed for registration for that usage in 2013. The USPTO then granted the registrations associated with the new uses.

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Finding the Real “Burger King”: Identical Marks & Prior Use in the Pune Eatery Case

SpicyIP

In Mohan Meakin Ltd v AB Sugars Ltd (2013), wherein the mark TALL MOM was deemed identical to OLD MONK on grounds of phonetic similarity, despite the difference in product categories (former being country liquor and latter being Indian Made Foreign Liquor), the Delhi HC found infringement under section 29(2)(c), while presuming consumer confusion.

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Not All is Fair in Aashiqui and War?:  Analysing the DHC’s Injunction for Using ‘Aashiqui’ in Super Cassettes’s Film Name 

SpicyIP

The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. Murugadoss (2013) concerning the title “Raja Rani” and by the Bombay HC in Zee Entertainment Enterprises Ltd v.

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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. For the latest developments o­n trademark scammers, check, Is This a Trademark Scam?®.

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U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)

Technology & Marketing Law Blog

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration. Unicolors, Inc.