The TTABlog

NOVEMBER 6, 2023

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.

Registration 61

Registration Brands Branding Branding 61

IP and Legal Filings

DECEMBER 13, 2024

It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks. The rectification petition was filed, after defendants changed their packaging and got trademark registration for the new brand, KWIKHEAL. FEVIKWIK, FEVICOL, FEVISTIK).

Trademark 98

Trademark Brands Branding Branding 98

IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. 3) Examination of the application- Per the Trademarks Act 2016, the government authorities issue an examiner.

Trademark 98

Trademark Service Mark Registration Registering Trademarks 98

The IPKat

JUNE 11, 2022

However, upon further examination, it appears that the outcome was to be expected, given that revocation proceedings were based on a lack of genuine use of the mark between 2011 and 2016. from 14 October 2011 to 13 October 2016). Trying to follow Apple's words of wisdom.

Advertising 97

Advertising Advertising Reporting Registration 97

The TTABlog

OCTOBER 3, 2024

s claim of acquired distinctiveness failed, but the court remanded the applications to the Office "to permit supplemental registration of SPECTACLES both as a word and stylized mark." Likewise, the limited evidence of advertising expenditures and gross sales revenues is "superficially probative of secondary meaning, too."

Advertising 64

Advertising Advertising Registration Designs 64

TorrentFreak

MARCH 28, 2024

“Beginning in 2016 and continuing through 2019, Freemon sold illegally modified Fire TV Stick devices. At the time, these devices were sold through firesticksloaded.com and firesticksloaded.biz, and Freemon was listed as the registrant for the latter domain.

Copyright Infringement 120

Copyright Infringement Copyright Business Copyright Law 120

Patently-O

JULY 19, 2023

Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016. It is common for litigation to assert both.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. In 2016, the Latinfood website contained the phrase “We have products from” followed by marks of imported brands, among which was an image of Industria’s Zenú mark.

False Advertising 59

False Advertising Advertising Advertising Registration 59

SpicyIP

NOVEMBER 2, 2021

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.

Reporting 126

Reporting Trademark Advertising Advertising 126

SpicyIP

MARCH 13, 2023

SpicyIP intern Sukarm Sharma discusses this ongoing dispute, in light of the CRI 2016 guidelines and the Ferid Allani order. Upon ensuring that the responses to both questions are negative, the court set aside the impugned order and directed to advertise the subject mark. Call for Papers: NUALS Intellectual Property Law Review (Vol.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

IP and Legal Filings

OCTOBER 30, 2023

A straightforward pink sans-serif typeface was used for the 1959 original trademark registration. More than 1,000 Barbie trademark registrations are held by Mattel worldwide, covering a wide range of products and services in addition to its primary toy line.

Trademark 98

Trademark Brands Branding Branding 98

SpicyIP

FEBRUARY 20, 2023

Delhi High Court cancels registration to ‘VNow’ mark for being deceptively similar to Bennet Coleman’s ‘Now’ family of marks. To this, the plaintiff responded that it had filed a rectification petition before the IPAB in 2016, in which defects were raised by the IPAB in 2017. Case: Anubhav Jain vs Satish Kumar Jain & Anr.

Registration 105

Registration Designs Design Trademark 105

IP and Legal Filings

FEBRUARY 4, 2022

Plaintiffs saw an advertising for Defendants’ syrup/sharbat, which had the mark ‘DilAfza’ on it and was packaged in deceptively similar ringlet bottles to the ‘RoohAfza’ bottle.As Plaintiffs have Class 32 registrations as well. Similarly, in Vardhman Buildtech Pvt. Vardhman Properties Ltd.,

Registration 93

Registration Trademark Trademark Law Marketing 93

SpicyIP

MAY 10, 2023

June 7, 2016) by citing new, previously unmentioned, grounds. Controller of Patents : Application cannot be rejected on new grounds of objections that were not raised previously Though the order does not mention the subject invention, it states that the dispute pertained to the Patent Application no.965/DELNP/2006

Trademark 126

Trademark Invention Patent Art 126

The TTABlog

JULY 18, 2024

In a 95-page opinion, the Board sustained this opposition to registration of the mark INSTASIZE for "Downloadable mobile applications for photo editing," finding confusion likely with the registered mark INSTAGRAM for "Downloadable computer software for modifying the appearance and enabling transmission of photographs." based company."

Editing 53

Editing Registration Advertising Advertising 53

IPilogue

OCTOBER 6, 2021

Since 2016, the City of Munich has put forward applications to trademark the term; and ever since 2016, their applications have been rejected. The EUIPO allowed Munich to trademark Oktoberfest under twenty-two product classes including, most importantly, tourism advertising.

Trademark 59

Trademark Intellectual Property Advertising Advertising 59

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. But the app was not updated after 2016 and was removed from WCT’s website. But the app was not updated after 2016 and was removed from WCT’s website. World Champ Tech LLC v. Peloton Interactive, Inc., 2024 WL 665181, No.

Marketing 59

Marketing Marketing Trademark Registration 59

The TTABlog

JANUARY 10, 2024

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Respondent Peavey had discontinued use of the CS mark with intent not to resume use. mp3 files, example here ) constituted mere advertising material. TTABlogged here ]. Software Freedom Law Center v. TTABlogged here ]. [NB:

Advertising 58

Advertising Advertising Music Trademark 58

IP and Legal Filings

MARCH 29, 2024

This urgency led to the enactment of Real Estate Regulatory Authority Act in 2016 with only 67 out of 90 sections notified at that time. The act also talks about registration of real estate agents and talks about the functions and role of agents. All the rest sections were notified in 2017 and the act came into force from that time.

Registration 52

Registration Government Advertising Advertising 52

The TTABlog

OCTOBER 3, 2022

Although it did not resume use of the mark for seven years, it commenced TTAB litigation with ARSA in 2016 regarding ownership of the mark. In 2016 it petitioned the Mexican Institute of Industrial Property ("IMPI") for administrative statements of infringement against ARSA's label and syrup suppliers. ARSA Distributing, Inc.

Ownership 40

Ownership Litigation Registration Business 40

LexBlog IP

SEPTEMBER 15, 2021

the UGG mark or designation, or any reproduction, counterfeit, copy, or colorable imitation thereof, in any manner and in any format, case or spelling, on or in connection with the sale, offering for sale, distribution, or advertising of any product in the United States or its territories.” Background.

Trademark 52

Trademark Registration Brands Branding 52

The TTABlog

MARCH 17, 2022

In 2009, Viacom let lapse its registration for DOUBLE DARE for production and distribution of a children's game show. Armstrong Interactive, Inc. 91243941 (March 11, 2022) [not precedential] (Opinion by Judge David K. Opposer Viacom first aired a game show called DOUBLE DARE in 1986 but ceased airing new episodes in 2000. Reruns followed.

Television 61

Television Social Media Trademark Registration 61

The TTABlog

MAY 17, 2023

In and exhaustive and exhausting 69-page decision, the Board sustained-in-part and dismissed-in-part Starbucks' opposition to registration of the mark SIREN'S BREW ("BREW" disclaimed), finding confusion likely with the Starbucks design logo with regard to applicant's "coffee beans," but not as to applicant's "shirts; sweat shirts."

Advertising 40

Advertising Advertising Designs Design 40

LexBlog IP

DECEMBER 21, 2021

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]

Trademark 40

Trademark Registration Intellectual Property Litigation 40

The TTABlog

AUGUST 30, 2023

Opposer claimed to own a family of MONSTER-formative marks, but it failed to prove the existence of a family of MONSTER marks prior to SS Vape’s July 2016 date of first use. The Board has long recognized that the 'Internet is such a pervasive medium that virtually everything is advertised and sold through the Internet.'" Opposition No.

Designs 45

Designs Design Brands Branding 45

LexBlog IP

JULY 21, 2021

Applications and registrations for designs generally decreased compared to 2019, but certain classes of products pertinent to assisting with the COVID-19 outbreak, or entertainment in lockdown, saw a proportional increase. Applications and Registrations. Class 35 Advertising (14 370) +3. Trade Marks. classes per application).

Reporting 52

Reporting IP Patent Application Registration 52

Kashishipr

JUNE 9, 2021

The services are advertised on the idea that customers can store the files for offline usage, and that is a unique selling point of the service, and it thus is not incidental.

Music 98

Music Licensing Television Copyright Infringement 98

SpicyIP

APRIL 15, 2024

In an important development from the seldom discussed area of plant varieties, the DHC set aside the PV Registry’s order rejecting the breeder’s application for interim reliefs before the variety’s registration. The plaintiff alleged that the defendant was using identical marks and were selling counterfeit goods.

Fair Use 59

Fair Use Licensing Trademark Patent Application 59

IP and Legal Filings

AUGUST 14, 2023

The theory of Territoriality states that since disputes relating to the registration and validity of intellectual property rights are typically considered to fall under the exclusive jurisdiction of the State in which such registration was applied for, the choice of law should favour that State. Will there be no remedy at all?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

SpicyIP

AUGUST 4, 2024

It was also submitted that the advertisement of the plaintiff including their mark ‘RUMMYCIRCLE’ was changed to show ‘VRUMMY’ by the defendants. The respondent was using the mark ‘MAMU ROSE’ since 2016 as mentioned in their application, however evidence for the same was not provided.

Social Media 105

Social Media Trademark Licensing Music 105

43(B)log

APRIL 28, 2022

“In preparation for the league’s debut, Defendants have invested tens of millions of dollars in acquiring intellectual property rights, advertising, broadcasting, stadium and apparel deals, and in hiring players, coaches, trainers, and other staff, and in branded uniforms and equipment. Plaintiff’s 1980s USFL registrations lapsed.

Licensing 45

Licensing Advertising Registration Advertising 45

The TTABlog

JUNE 10, 2021

Ghiorse , 119 USPQ2d 1178, 1187 (TTAB 2016). The sales figures were modest and were not placed in context (market share), and the advertising figures lacked information as to the extent of exposure. We are constrained to resolve that doubt in favor of Applicant. The Board was not impressed. Chesapeake Marine Tours Inc.,

Advertising 40

Advertising Advertising Social Media Marketing 40

SpicyIP

DECEMBER 30, 2023

The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. Controller General of Patents and Designs (passed on September 15), the Court clarified that the 2016 CRI Guidelines’ requirement of assessing the CRI in conjunction with novel hardware has now been removed from the 2017 CRI Guidelines.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

JUNE 20, 2022

It has a 2014 registration for “Darkside NYC” for live musical performances by a band; the production of musical sound recordings; and websites with information about music or entertainment. Defendants are a musical duo that also operates as Darkside and their record label. Fans often call it “Darkside.”

Music 59

Music Brands Branding Branding 59

SpicyIP

DECEMBER 23, 2024

Marico had sought injunction on Alpinos advertisement alleging generic disparagement of oats. The respondent had obtained registration of the mark ‘NIPPU’ in 2018 on a ‘proposed to be used’ basis. Xeljanz was launched in India in the year 2016.

IP 59

IP Trademark Registering Trademarks Personality Rights 59

LexBlog IP

FEBRUARY 9, 2022

In doing so, the TTAB will consider: (i) The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties. (ii) The incontestable Registration is not based on a claim of acquired distinctiveness. Spotify AB , 2022 USPQ2D 37 at *13–14.

Television 40

Television Music Advertising Advertising 40

SpicyIP

OCTOBER 16, 2023

The court held that the defendant’s advertising falls under the ambit of permissible comparative advertising, rejecting the plaintiff’s claims and emphasized on a competitor’s right to prevent disparagement while allowing reasonable product promotion. . & Read Yogesh’s assessment of the order. POI Social Media Pvt.

Due Diligence 59

Due Diligence Invention IP Copyright 59