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The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent referral to the EUIPO Grand Board regarding the registrability of face trade marks. Incidentally, the referral was also discussed during last month's IPKat webinar on image rights.
IndiGo has also secured registration for the word mark 6E Link under multiple classes in 2015. However, the mark has not yet been advertised in the Trademark Journal, meaning no one can oppose its registration as yet. Notably, 6E has become a dominant feature and exclusive to the Indigos brand and its associated services.
Less than one month after oral argument, the Board sustained this opposition to registration of DON'T MESS WITH TEX-MEX for restaurant service, finding confusion likely with the registered mark DON'T MESS WITH TEXAS for paper food containers, paper bags, and cups. 91194974, 2015 WL 1646447, at *13 (TTAB 2015). GFA Brands, Inc.,
After obtaining permission from the court in late April, MPA investigators began serving third-party subpoenas on advertising brokers including Amobee, Exponential Interactive, Oracle Corporation, Yahoo Ad Tech, AdSupply, Aragon Advertising, Insticator, and Outbrain, plus Amazon and Google. Arm’s Length Advertising.
The case concerned the registration of 'Prosecco' as a GI in Singapore. This Kat was interested to see a court finally address this argument Singapore has offered protection for GIs since 1999, but it only adopted a registration-based system in the last decade with the Geographical Indications Act 2014 ('GIA').
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.
If you knew how to complete this phrase in 2015, you are part of the few percent of consumers who heard of the city of Compton and knew about its connection with hip-hop and rap music. Background On 8 September 2015, BIW Invest AG (‘BIW’) applied for registration of EU trade mark no.
1] In 2006, the International Trademark Association, INTA, officially recognized the importance of tactile marks by adopting a resolution in support of the recognition and registration of these marks. Another important criterion for trademark registration is non-functionality. PDF) registration of non-traditional trademarks.
PepsiCo had registered the tagline “For the Bold” as a trademark in 2013 for its Doritos tortilla chips and used it extensively for promotions when it was launched in India in 2015. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court.
Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Applicant GB's design patent served as some evidence of non-functionality, but was outweighed by GB's own advertising touting the design's utilitarian benefits.
The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use.
Third-party registrations and third-party website evidence showed the same mark used by a single entity for both restaurant services and frozen pizza sold at retail (for example, Uno Pizzeria and Grill). million on advertising from 2017-2020, garnering $81 million in revenues from 2015-2020. It spent $2.3
The court found aspects of the copyright/§1202 claims claim insufficiently specifically pled and granted leave to amend, including to add sufficient detail to establish that the works at issue were not US works and thus exempt from the pre-suit registration requirement. This was classic Dastar. As stated in Luxul Technology Inc. 3d 1156 (N.D.
Whirlpool was able to claim rights over its trademark in this country, even though it didn’t have a physical presence here and did not have any registration at that time. Its reputation across the globe and exposure of Indian consumers through advertisements in foreign magazines were taken note of by the court. 3d 983 (2015).
Click on picture for larger image Section 45 of the Trademark Act provides, in pertinent part, that a mark is considered to be in use in commerce for services "when it is used or displayed in the sale or advertising of services and the services are rendered in commerce." Harrison won, at least at the TTAB. Playdom , 778 F.3d
The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application. Emphasis supplied]. Wandel Mach.
Comparative Advertising: As I read this decade-old post on comparative advertising, centered around the SAFFOLA vs. FORTUNE battle, I thought of revisiting the two-decade conversation on this ever-relevant topic. Generally, the benchmark for comparative advertising hinges on the “average consumer” test.
Comment This case is a useful reminder that trade mark registrations may not last forever, despite the legacy behind them - such trade marks must still be used in accordance with their essential function. On 24 August 2018, the Cancellation Division revoked the contested marks in respect of all of the goods in Class 9.
For the benefit of the reader, the diagram taken from the Trademark registry’s portal describe the entire workflow of an application from filing to its registration. Accepted & Advertised. Advertised before acceptance. The Dataset. The dataset consisted of 309,189 marks in total. Exam Report Issued. Rectification Filed.
Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos.
Because the plaintiff doesn’t own the relevant registration, its §32 claims fail, but the court allows §43(a) claims to proceed, partially reversing the district court’s grant of summary judgment—but read on for more on what that might look like. In 2015, the crown mark was registered. This is a plausible inference for a jury to make.”
114 USPQ2d 1497, 1502 (TTAB 2015) (quoting Coach Servs. , The Board found Spotify's advertising and publicity-related evidence to be "overwhelming." The mark has been registered and the registration is "incontestable" [ i.e., more than five years old and thus vulnerable to attack on limited grounds per Section 14 - ed.].
In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The defendant has used the plaintiff’s song in an advertisement without the plaintiff's consent. The company was ordered to pay Ojo, ₦20 million (US$44 448) in damages.
47 ,Acts of Parliament ,1999 (India ) [3] 2015 SCC Online Del 11505 [4] 2021 SCC Online Blog Exp 18 Facebook Twitter LinkedIn WhatsApp The post Concept Of Trademark Bullying: Forceful Enforcement Of Trademark Rights In The Name Of Protection first appeared on IPLF.
However, the Court ruled that since the Defendants were incorporated before the registration of the Plaintiff’s trademarks, they were not barred from using their names. The ARB is the organisation established by its members (who are advertisers) to regulate the advertising industry in South Africa.
” The system of trademark classification eases the process of registration of a trademark. Thus, it gives the trademark registration process a definite structure. Advertising; Business management, organization, and administration; Office functions. NICE Classification ). & Ors , it was held that.
WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising. In 2015, the Catalogue Raisonné Amedeo Modigliani is henceforth transferred to Institut Restellini, being taken up with new methods, even more modern and scientifically extensive.
Only when the individual makes use of the following mark does trademark infringement take place in the form of dilution: Similar or identical to a registered trademark with established goodwill in India Use relates to products or services other than those covered by the registration. 2015) What is trademark dilution? www.nolo.com. [ii]
Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. In May 2015, applicant was removed from the SDNT list. In October 2015 it filed an application to register its EUCALIN mark. Who Owned the Mark?:
The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. 14 provides that if anyone files an application for the registration of a trademark, the consent of the living person must be taken and it should not be falsely or fraudulently obtained.
The Board found the Couture case to be relevant: there, the applicant had not rendered his entertainment services in commerce as of his filing date, but had merely advertised his "readiness, willingness and ability" to do so. See Couture v. Playdom, Inc. , 3d 1379, 113 USPQ2d 2042, 2043 (Fed. See Stawski v. 1999); In re Letica Corp. ,
Background Article 3 of Directive (EU) 2015/2436 provides that colours can be registered as trade marks. One of these hurdles is that the subject of the registration, in this case a colour, must constitute a ‘sign’. Fans of chocolate, read on for a mouth-watering decision. the good is purple) or purple packaging for chocolate (i.e.
Registration No. Registration Date. January 6, 2015. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a). OPTISELECT. May 16, 2017. September 14, 2004. April 29, 2008. April 9, 2019.
In Couture , the applicant had not rendered his entertainment services in commerce as of his filing date, but had merely advertised his “readiness, willingness and ability” to do so. Opinion, at pp. 2-3 (citing Couture v. Playdom, Inc. , 3d 1379, 113 USPQ2d 2042, 2043 (Fed. The Board ultimately found the Couture case instructive.
In February , the Court of Appeal in Nigeria issued a decision in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and provided guidance on factors that must be established to succeed in a claim for passing off relating to image rights in Nigeria.
Instead, the services must be actually rendered in connection with the mark for a registration to be granted. The USPTO examiner refused registration of the mark as not having been used in commerce for the services. 2015), where an applicant sought to register a mark based on actual use, applied in Suuberg. Playdom, Inc.,
For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. William Shen, the CEO of Respondent ACIGI, filed the underlying application and then assigned the registration to ACIGI soon after issuance.
16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. Downloads declined after a 2015 peak. Also, by the end of 2016, WCT hadn’t paid taxes since 2015 and its certificate of incorporation was therefore suspended. World Champ Tech LLC v. Peloton Interactive, Inc.,
Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? 1253/DEL/2006 and 4197/DEL/2015) related to computer software based on earlier guidelines of the patent office. without any registration and later in 2020, they applied to register “Khimji Jewels”.
Instead, the services must be actually rendered in connection with the mark for a registration to be granted. The USPTO examiner refused registration of the mark as not having been used in commerce for the services. 2015), where an applicant sought to register a mark based on actual use, applied in Suuberg. ” Id.
Acquired Distinctiveness: Since the applicant sought registration under Section 2(f), mere descriptiveness was not an issue. Although applicant's use of the term since 2011 was exclusive, it provided almost no information for the years 2011-2015. Resolving that doubt in applicant's favor, the Board reversed the refusal.
The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce. million registrations. [1]
In this regard, the regulation ensures that producers are able to take full advantage of the opportunities offered by the Geneva Act and therefore, to benefit fully from the international framework for the registration and protection of geographical indications (“Lisbon system”). How will the registration process work in practice?
However, Applicant JBL failed to prove that this design has acquired distinctiveness, and so registration was refused on the Principal Register, but the Board accepted JBL's alternative amendment to the Supplemental Register. See Sarah Burstein, Faux Amis in Design Law , 105 TMR 1455 (2015). In re JBL International, Inc. pdf here ].
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