The IPKat

AUGUST 4, 2023

The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi (BarentsKrans) regarding a recent Dutch decision on free riding and declining reputation of a brand. Quite often, the IP of a bankrupt company is sold to a third party who continues operating all or some of the brands.

Branding 52

Branding Brands Branding Marketing 52

IP and Legal Filings

JANUARY 11, 2024

Trademarks are traditionally considered to be connected with visual elements that include logos, brand names, as well as packaging however, the field of trademarks has widened and it includes non-traditional marks, such as smells, sounds, colors etc. Iconic scents like Chanel No. Iconic scents like Chanel No.

Trademark 93

Trademark Intellectual Property Branding Brands 93

Biswajit Sarkar Copyright Blog

JANUARY 10, 2023

What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. Under Section 31 , the registration certificate of the trademark serves as an evidence during infringement lawsuits. Procedure of Registration.

Registration 52

Registration Trademark Reporting Trademark Law 52

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration 82

Registration Trademark Trademark Law Law 82

Erik K Pelton

DECEMBER 31, 2021

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. The biggest individual brand story of the year was Facebook’s announcement of its new META brand.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

azrights

OCTOBER 27, 2023

Last week’s newsletter How to avoid the biggest brand management mistakes , highlighted that the role of our business name and signs like logos, taglines, characters, or sounds is to enable buyers to recognise that it’s us. So, the reason the case was so hard fought, is that a registration effectively gives you a broad scope of protection.

Trademark 52

Trademark Branding Brands Branding 52

IIPRD

JUNE 29, 2022

Louis Vuitton Malletier is a French fashion house and one of the most recognisable luxury goods brands in the world. It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. MULTIPLE IP REGISTRATION AND THEIR PROTECTION.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

LexBlog IP

SEPTEMBER 22, 2022

In today’s age, the importance of brands (and in turn trademarks) cannot be undermined. It is through brands that businesses (be it domestic or international) are able to thrive and flourish in various highly competitive sectors. At a fundamental level, it is an accepted fact that a trademark serves as a source identifier viz.

Registration 52

Registration Trademark Branding Brands 52

Selvam & Selvam Blog

SEPTEMBER 16, 2021

The USPTO’s Post Registration Audit Program. Under the USA’s Post Registration Audit Program, a declaration of use must be filed between the fifth and sixth year of the validity of the registration of the trademark. However, the use of a trademark is rarely monitored subsequent to its registration.

Registration 52

Registration Trademark Branding Brands 52

The IPKat

SEPTEMBER 24, 2023

Gucci Ancora's Roblox event Colour is known to be one of the most predominant visual elements in products and consequently in their brand identity. It is common knowledge that - especially in the luxury sector - the brand can be one of the most valuable assets of the company. 017215237 , 017215245 , 017535832 , 017535816 ).

Branding 75

Branding Brands Branding Designs 75

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

In recent years, she has played a key role in litigation surrounding the “Fearless Girl” statue, which was famously unveiled in New York City in 2017, as well as trademark litigation on behalf of travel metasearch engine Kayak. .

Intellectual Property 86

Intellectual Property Fair Use Litigation Trademark 86

The IPKat

DECEMBER 9, 2021

Katfriend Federica Combariati (TM IP Counsel at Assa Abloy) discusses a recent decision relating to AC Milan’s attempt to extend its international trade mark registration for its club logo to the territory of the European Union. InterES… (Yet nothing to do with Inter Milan FC … at least this time!)

Branding 94

Branding Brands Branding Registration 94

IP and Legal Filings

APRIL 12, 2023

However, the Delhi High Court recently declared that the stylized “H” mark of French luxury brand Hermes International qualifies as a “well-known trademark” under the terms of section 2(1)(zg) of the Trademark Act, 1999 (hereinafter, the act). This is the extra protection that a brand obtains after being named Popular.

Trademark 92

Trademark Branding Brands Branding 92

IPilogue

SEPTEMBER 1, 2022

NBC Universal has filed a lawsuit against Jay Kennette Media Group (“JKMG”), an entertainment company over the latter’s registration of the mark “Dunder Mifflin.” JKMG filed for registration of the mark for sale of apparel under Class 25, and the mark was registered in July 2017. What is trademark squatting? What’s next?

Trademark 106

Trademark Registration Registering Trademarks Branding 106

Erik K Pelton

DECEMBER 28, 2020

The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! When Congress passed the CARES Act in late March, it featured provisions allowing the USPTO to extend some deadlines for applicants and registrants for a few months.

Trademark 130

Trademark All Rights Reserved Registration Branding 130

The IPKat

NOVEMBER 27, 2023

The claimant had goodwill dating back to 1992 and registrations from October 2015. The defendant had been using since 2013 with registrations from June 2015. The claimant successfully claimed infringement and the invalidity of the defendant’s registrations before HHJ Melissa Clarke sitting in the IPEC.

Editing 67

Editing Registration Branding Brands 67

Biswajit Sarkar Copyright Blog

JULY 19, 2023

Have you ever wanted a pair of PUMA shoes instead of just any local brand? The duration of the registration of the mark under the Trade Marks Act, 1999. After the introduction of the Trademark Rules, 2017, any trademark holder can request to determine its trademark as well-known trademark. In the case of Whirlpool Co.

Trademark 52

Trademark Branding Brands Branding 52

Intepat

JUNE 11, 2024

This Madrid system has significantly impacted global trademark registration, with over a million registrations worldwide. Applicants must address these refusals by providing arguments, evidence, or amendments to persuade the office to allow the registration.

Trademark 52

Trademark Registration Designs Design 52

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks.

Branding 98

Branding Brands Branding Personality Rights 98

Intepat

DECEMBER 1, 2023

For both individuals and businesses, trademarks stand as valuable assets, offering protection for unique brands, logos, and slogans. Any entity spotting an identical or similar trademark in the Trademark Journal can file an opposition to its registration.

Trademark 59

Trademark Registration Registering Trademarks Copying 59

Patently-O

JUNE 29, 2022

Coca-Cola stepped-in in 2016 seeking to cancel Meenaxi’s mark registrations. But, the missing link was evidence that the US-based Indians and Indian-Americans were aware of the branding. There is no basis [in the evidence] to assume that an American of Indian descent is aware of brands in India. ” 15 U.S.C.

Trademark 119

Trademark Trademark Law Branding Brands 119

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.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

azrights

NOVEMBER 3, 2021

The difficulty with colour as a brand identifier is that there is no interim legal protection available to rely on as you build up recognition. Staples, Office Depot and Office World were the 3 brands left standing in their category. Colour Trade Marks. Enforcement of your rights prevents market confusion.

Trademark 52

Trademark Branding Brands Branding 52

The IPKat

FEBRUARY 19, 2023

Conferences, Seminars and other Events UCL – Question to Trade Mark Judges The UCL Institute of Brand and Innovation La (IBIL) and MARQUES , the European Association of Trade Mark Owners, will host the event “ Question to the Trade Mark Judges ” on the 7th March 2023. Info and registration here. More information on the event here.

Intellectual Property 64

Intellectual Property Branding Brands Branding 64

LexBlog IP

AUGUST 23, 2023

In the cases at issue, the Seminole Tribe of Florida (“Seminole Tribe”) sought trademark registration for a guitar-shaped building for hotel and casino services. Thus, brand owners can, and do, register their trade dress at the PTO. Lessons for Brand Owners 1. See Figure 1.

Designs 52

Designs Design Advertising Advertising 52

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj & Ors. [4]

Marketing 89

Marketing Marketing Trademark Registration 89

The IPKat

AUGUST 12, 2023

This is an important judgment on the interaction of brands within a crowded marketplace. Former GuestKat Jan Jacobi (BarentsKrans) presented an analysis of the recent decision of the Dutch Court of Appeal in the Mexx case, concerning free riding and declining reputation of a brand. More information is available here.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Publishing Journalism 52

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.

Advertising 60

Advertising Advertising Technology Editing 60

TorrentFreak

APRIL 17, 2023

These examples represent just a handful of domains from a collection that has exploded since the 2017 launch of the Alliance for Creativity and Entertainment. is openly displayed as the registrant along with one of two specific email addresses. With MarkMonitor listed as the registrar, the Motion Picture Association, Inc.

Registration 128

Registration Confidentiality Settlement Reporting 128

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products.

False Advertising 57

False Advertising Advertising Advertising Registration 57

The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” Client: “But wait—if I already have a trademark why do I need registration?” Cumbow 2023.

Trademark 60

Trademark Registration Trademark Law Business 60

IP and Legal Filings

DECEMBER 23, 2023

However, a caveat to this is that the use of a similar mark can still be permitted on different products or services, though it may not be eligible for registration as a domain name. [3] gov” is used for indicating government organization whereas “.edu” edu” is used for indicating educational institutions. [1] Sifynet Solutions Pvt.

Trademark 52

Trademark Registration Trademark Law Business 52

The TTABlog

DECEMBER 15, 2022

Status Symbol Clothing Brand LLC v. The Facebook documents stated that the page was created in 2017, but there was no testimony that this Facebook page is owned and controlled by Opposer, or that the creation date and posts dates are accurate. The applicant neither submitted evidence or testimony, nor filed a brief.

Registration 40

Registration Branding Brands Branding 40

IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. The ‘Cycle’ brand is registered under various classes which include food products and incense sticks, dhoop, hair oil, etc. REFERENCES.

Trademark 87

Trademark Branding Brands Branding 87

IPilogue

OCTOBER 28, 2021

Nonetheless, the Canadian Intellectual Property Office notes that those in the jewellery industry may be granted industrial design registrations, offering a different kind of intellectual property protection. Outside of masks and jewellery, a 2017 U.S. Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

The IPKat

DECEMBER 27, 2023

The General Court recently dealt with the question if a license agreement can be recorded, although the licensed EU trade marks have been transferred after the conclusion of the license agreement and the new owner does not consent to the registration (case T-679/22 ). The transfer was recorded in 2017 in the EUIPO’s register.

Licensing 60

Licensing Art Registration Law 60

IP Tech Blog

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. By using “Smart,” the application passed the formal test for registration. Since then, giant companies all over the world ?

Design Patent 57

Design Patent Designs Design Patent 57