IP and Legal Filings

DECEMBER 17, 2024

This blog discusses the concept of non-conventional trademarks, its use in Pharmaceutical Industries, relevance and complexity surrounding the registration process under Indian Law. In addition, section 26(2) of the trademark rules, 2017, requires that an application for a combination of colours be accompanied by a reproduction of the mark.

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The IPKat

APRIL 4, 2023

designated the EU in its International Registration F **G AWESOME , which was based on three registered US trade marks (serial nos. The International Registration covers various goods in classes 9, 18, 25, and 28, including eyewear, different types of bags, clothing and skateboards. 7(1)(f) of Regulation 2017/1001 ).

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The TTABlog

NOVEMBER 17, 2023

In a highly detailed and instructive opinion, the Board granted a petition for cancellation of a registration for the product configuration shown below, for a "spring-loaded glass-breaking device," on the ground of de jure functionality under Section 2(e)(5). 125 USPQ2d 1468, 1478 (TTAB 2017). See Kohler Co. Honda Giken Kogyo K.K. ,

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The IPKat

AUGUST 8, 2021

Registration was obtained in March 2018 by decision of the Opposition Division following an unsuccessful opposition filed by Aeroporto di Villanova d’Albenga SpA (Riviera-Airport) (the applicant), which was named Aeroporto Villanova d’Albenga SpA at the time of the opposition. azacilik Tekstil Sanayi ve Ticaret v EUIPO (C?104/18 104/18 P) ).

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Intepat

APRIL 10, 2022

Trademark Registration for MSME. Additionally, trademark registrations for MSMEs are relatively cost-effective, and it is a simple trademark process that can be done online. Let us look into how trademark registration can be an added advantage to a company registered as MSME. Registration fee. Every trademark is unique.

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Intepat

DECEMBER 4, 2023

The legal protection of these trademarks is contingent upon their registration with the relevant government authority, such as the Trade Marks Registry in India. In the era of globalization, companies with international operations must secure trademark registrations in multiple countries.

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IP and Legal Filings

JULY 28, 2022

Government of India enacted the Real Estate (Regulation and Development) Act 2016 and the act came into force with effect from May 1, 2017. As a result, the Maharashtra government also issued the following regulations: Maharashtra Real Estate Regulatory Authority, Officers and Employees (Appointment and Service Conditions) Rules, 2017.

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Erik K Pelton

DECEMBER 20, 2022

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.

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Intepat

NOVEMBER 7, 2022

Trademark Registration Fees. When it comes to trademark registration fees in India, there are several essential things to keep in mind. Second, trademark registration requires renewal every ten years to continue protecting your brand. Trademark Registration Cost. The basic trademark registration fee is ONLY Rs.4500/-

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Registration Trademark Registering Trademarks Branding 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .”

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Intepat

JUNE 12, 2023

One very important aspect of such registration is that the protection so granted is territorial in nature, for instance, if a trademark is registered in India, then it will be protected only within the Indian territory. If the trademark is accepted during this stage then the same is advertised in the Trade Marks Journal.

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IPilogue

AUGUST 4, 2022

Unknown to the applicant , on June 27, 2017 the respondent, Wei Meng registered the JU DIAN & Design Mark shown below in association with “restaurant services; take-out restaurant services”, and “beer”. . On June 3, 2019, Judian became aware of an advertisement for sale of the trademark on an online marketplace, VanSky.

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IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. As a result, slogan registration is frequently denied due to a lack of distinctiveness. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark.

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Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.” ” * Hoffmann Brothers Heating and Air Conditioning, LLC v.

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43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB owns several trademark registrations including “Vampire,” specifically for wine and pre-mixed alcoholic beverages other than beer, and “Vampyre,” specifically for spirits.

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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. Poma-Ex Products, 2017 SCC OnLine Bom 7470. [2]

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Trademark Branding Branding Brands 98

JIPL Online

FEBRUARY 26, 2021

In June of 2020, the Supreme Court of the United States (“SCOTUS”) held that a “generic.com” is eligible for trademark registration so long as the consumer recognized the mark as a distinguishing member of a certain class of goods or services. [i] The Decision. The second problem Justice Breyer has is that adding “.com”

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Trademark Registration Trademark Law Advertising 98

IP and Legal Filings

JANUARY 19, 2023

Introduction Prior to 2017, China was the largest cryptocurrency market in the world, with 80% of Bitcoin transactions, the most popular digital currency, taking place in yuan 1. With “blockchain” in their name, almost 5,000 companies have been formally registered, up from 500 in 2017.

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SpicyIP

OCTOBER 24, 2022

There exist numerous certification marks which have been granted registrations erroneously. This post will briefly examine the requirements for certification marks and will analyse a few erroneous registrations. The mark was Advertised as a certification mark in Trade Marks Journal No: 1979 referring to Section 18(2) of the TM Act.

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SpicyIP

NOVEMBER 18, 2024

Alpino Health Foods Recently, the DHC passed an order prima facie finding that Marico’s “Saffola oats” TM was “generically disparaged” by Alpino’s advertisements.

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Trademark Cease and Desist Music Copyright 105

43(B)log

AUGUST 27, 2024

Plaid responded that PNC knew about this as early as 2017 and worked with Plaid to make it easier for PNC customers to connect to fintech apps. PNC sued for counterfeiting, infringement, and false advertising/unfair competition under federal and Pennsylvania law. Plaid’s messaging also encouraged PNC customers to change banks.”

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Advertising Advertising False Advertising Designs 52

The TTABlog

FEBRUARY 16, 2022

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

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IP and Legal Filings

APRIL 12, 2023

iii] Prior to the introduction of the Trade Mark Rules 2017, well-known trademarks were decided upon by the Indian Courts and Tribunals, and the Trademark Registry had compiled a list of such well-known marks based on judicial pronouncements. iv] Trade Mark Rules, 2017, Rule 124. [v] ii] The Trademarks Act, 1999, Section 2 (1) (zg).

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Trademark Branding Brands Branding 98

The TTABlog

AUGUST 18, 2022

The Board granted a petition for cancellation of a registration for the mark shown below for mortgage financing services, finding that Petitioner CBC Mortgage was the first and only user of the mark for those services. Those intentions and expectations are also reflected in promotional and advertising material for the program.

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The IPKat

DECEMBER 11, 2022

In 2019, Shopify Inc.

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The TTABlog

JANUARY 12, 2022

As to whether the mark is famous for dilution purposes, the Board considers the following factors under Section 43(c)(2)(a) of the Lanham Act: (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) Software's first use date.

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Music Advertising Advertising Registration 75

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. Alpino and Generic Disparagement: Alpino seeks vacation of ex-parte injunction alleging suppression of facts.

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IP Trademark Registering Trademarks Personality Rights 59

SpicyIP

MARCH 9, 2025

There is no registration fee for any of the seminars. Though he applied in 1992, registration was granted only in 2020. Later, he discovered the trademark had expired since 2002 without prior notice, violating Rule 58(3) of the Trade Marks Rules, 2017. Read the post for more details. Citing Jaisuryas Retail Ventures v.

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Trademark Patent Copyright Patent Application 59

The IPKat

SEPTEMBER 30, 2024

EasyGroup, on the other hand, relied on certain registrations which it acquired from a third party as part of a settlement following another(!) Applying Merck KGaA v Merck Sharp and Dohme Corp [2017] EWCA Civ 1834 , the Court noted that what was important was the purpose for which the services were provided. The Court disagreed.

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Advertising Advertising Registration Branding 69

The TTABlog

MARCH 12, 2024

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.

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Service Mark Registration Licensing Advertising 53

The IPKat

DECEMBER 19, 2022

Background In 2001, McCain GmbH (the Intervener) successfully registered the following three-dimensional sign as an EUTM: Registration was obtained for goods in Class 29 (pre-cooked potato croquettes and products based on mashed potatoes frozen) of the Nice Classification. In 2018, Agrarfrost GmbH & Co.

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Television Advertising Advertising Designs 92

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

In India, the registration of trade mark is valid for 10 years. The registered proprietor can renew the trade mark for 10 years either from the date of registration or from the date of last renewal by paying the renewal fees. The due date of renewal is considered from the date of registration or from the last renewal date.

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The IPKat

JANUARY 6, 2022

In my view the judgment is controversial and arguably misses the bigger picture, including the cumulative impact of more and more broadly drafted registrations on the practice of trade marks. The same could also apply to a company registration. SkyKick has said it would appeal – again – this time to the UK Supreme Court.

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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.

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SpicyIP

AUGUST 22, 2022

On 2 nd December 2021, Mason Rothschild began advertising an NFT collection of fur-covered Birkin-like handbags that he designed, advertising them as ‘METABIRKINS’. i)advertising or promotion that permits consumers to compare goods or services; or. (ii)identifying The Hermès-Rothschild Dispute.

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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.

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The IPKat

MAY 26, 2024

The course is delivered both offline and online, and the registration is available here. According to the EUIPO case-law ( R-1489/2017 , R-788/2013 ), smileys or emojis are typically used in both advertising and private communication to express positive emotions. Interested candidates are welcome to apply here.

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