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.

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Intepat

JUNE 12, 2023

Introduction Logos, brand names and labels are common distinguishers of the goods or services of one undertaking from another. Therefore, in the modern globalised world, companies engaging in transnational operations are compelled to attain registration for their trademarks in all the countries in which they assume business.

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The IPKat

JULY 14, 2024

On Friday, the Russian Federal Service for Intellectual Property (Rospatent) announced the registration of a new geographical indication (GI): the "Melitopol Cherry". The registration of the appellation of origin in Ukraine was finalised in September 2020.

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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.

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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.

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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.

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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.

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The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

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Garrigues Blog

JULY 6, 2021

They allow companies to promote their brand image and connect with the community around them. This preliminary analysis has to go further and check, for example, if the brand we have chosen is also available as a domain name. These issues can have a major impact on brand strategy and affect credibility in the market.

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The TTABlog

AUGUST 15, 2022

In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.

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Selvam & Selvam Blog

DECEMBER 16, 2021

If a mark is not distinctive, it would lead to confusion among consumers between the mark and existing brands present in the market, as well as be unable to distinguish the source/origin of the goods/services. The basic purpose of a trademark is that it serves to distinguish the goods or services of one person from those of another.

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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. .

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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.

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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.

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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.

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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.

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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.

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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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The IPKat

JULY 12, 2024

This state of pandemonium across social media platforms swiftly led fashion brands and luxury retailers to capitalize on this frenzy by re-branding their green products as ‘brat’. The brat green craze was, nevertheless, not restricted within the sphere of fashion and beauty.

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43(B)log

JULY 18, 2022

Vintage Brand, LLC, No. Vintage counterclaimed, alleging that Penn State’s registrations were invalid and should be cancelled on account of the ornamentality of the use. Penn State registered this image in 2017 for use on metal novelty license plates and apparel. Pennsylvania State Univ. 4:21-CV-01091 (M.D.

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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.

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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!)

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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.

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The IPKat

NOVEMBER 1, 2023

They also own many others which use the word EASY alongside another single word relating to a good or service such as EASYBUS, EASYFERRY, EASYCLEANING, EASYFOOD, EASYCOURIER, EASYDESK, EASYOFFICE… the list goes on, and on… Readers might be thinking that these marks lack distinctiveness or there is an ambitious registration practice underway.

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The IPKat

SEPTEMBER 30, 2024

The "Easy" group is famously protective of its trade marks, and does not shy away from suing other companies using "easy"-formative brands. EasyGroup, on the other hand, relied on certain registrations which it acquired from a third party as part of a settlement following another(!) The Court disagreed.

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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.

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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 ).

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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.

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The IPKat

SEPTEMBER 21, 2024

an Italian Group best known for its fashion brand ICEBERG. filed an application for registration of the EUTM n° 10 941 615 “ICE” designating various goods in classes 18 and 25, namely “bags; backpacks; wallets; vanity cases; all the aforementioned goods made of imitations of leather” and “clothing, footwear, headgear”.

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Intepat

JULY 12, 2021

The registration of unconventional trademarks is not new in India. The purpose of this article is to determine whether a motion mark is registrable under the current Trade Marks Act of 1999 (“the Act”). TOSHIBA recently applied for registration in India with an application number. INTRODUCTION.

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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.

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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]

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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.

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IP and Legal Filings

NOVEMBER 27, 2022

With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up. With the fast-growing media and entertainment sector, the era of digital advertisement for the products branding and selling have also stepped up.

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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.

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The IPKat

OCTOBER 16, 2024

De-branding – the case of the replacement of registered component parts Questions also arise in relation to original (OEM) components, namely whether the removal of such components in the course of repair and maintenance activities could be qualified as ‘de-branding’, i.e. the removal of a trade mark from the goods to which it has been affixed.

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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.

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