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.

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Registration Trademark Trademark Law Law 98

Intepat

DECEMBER 4, 2024

However, unconventional trademarks challenge traditional concepts of visual representation, leading to significant complexities in their registration, protection, and enforcement. Their essence lies in unique sensory elements that transcend conventional designs and embody distinctiveness in novel ways. A landmark case was the U.S.

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Trademark Intellectual Property Brands Branding 52

SpicyIP

JANUARY 20, 2025

Paragon Polymer Products Private … vs Sumar Chand Nahar on 7 January, 2025 (Madras High Court) Image from here In an appeal against the Trade Mark Registrys order, the Appellant, a footwear company using the mark Paragon since 1975, opposed the registration of the same word by the respondent for electric motor starters under Class 9.

Registering Trademarks 102

Registering Trademarks Trademark Registration IP 102

The IPKat

AUGUST 17, 2022

In all this, it is no surprise that new and quirky designs require effective IP protection to retain their goodwill and reputation, as well as competitive advantage. The applicant maintained its request for registration. These had been circulating on the market since, at least, 2017.

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Registration Designs Design Marketing 91

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Unicolors, Inc. Factual and Procedural Background.

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Registration Blogging Copyright Designs 98

The IPKat

SEPTEMBER 25, 2023

Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use.

Fair Use 119

Fair Use Registration Designs Design 119

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.

Trademark 52

Trademark Brands Branding Branding 52

The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

Design 72

Design Designs Registration Intellectual Property 72

Patently-O

OCTOBER 3, 2021

Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. The TTAB gave little weight to the fact that the agency has issued registration certificates on many different shoe designs. Crouch, Iconic Timberland Boots–Trade Dress Worthy?

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Trademark Registration Advertising Advertising 132

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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Registration Design Designs Advertising 69

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .” per sticker set.

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Registration Fair Use Copyright Designs 132

The IPKat

MARCH 11, 2024

Background On 24 October 2018, The KaiKai Company Jaeger Wichmann GbR (‘KaiKai’) filed an application for the registration of twelve Community designs with the European Union Intellectual Property Office (‘EUIPO’), claiming priority based on a Patent Cooperation Treaty (‘PCT’) patent application filed on 26 October 2017.

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IP Art Designs Design 115

The IPKat

NOVEMBER 30, 2021

Kat friend, Becky Knott, promises that she doesn’t just write about alcohol, see here , but a recent decision involving the Protected Designation of Origin for ‘Porto’ caught her eye (palate?). The application was published for opposition on 6 February 2017. Let’s take a look [BoA decision here , GC decision here , case no T-417/20].

Public Domain 122

Public Domain Designs Design Registration 122

The IPKat

MAY 6, 2024

Determining the informed user and the way the informed user perceives the design of a specific product are important steps in the assessment whether two designs produce the same overall impression. 002138008-0031 for ‘door and window handles’: The design was registered on 27 November 2017.

Design 59

Design Designs Intellectual Property Art 59

The IPKat

JANUARY 19, 2023

Later that year, the Office raised an objection in accordance with Article 7(1)(b) – (c) and 7(2) of Regulation 2017/1001 (EUTMR).

Advertising 141

Advertising Advertising Registration Business 141

The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. Since both parties rely on issued registrations, priority was an issue in this proceeding. How do you think this came out?

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Design Designs Registration Service Mark 53

The TTABlog

APRIL 17, 2023

Chizena went down swinging in this consolidated opposition to his applications to register the word marks ALL RISE and HERE COMES THE JUDGE and the design mark shown below, for "clothing, namely, t-shirts, shirts, shorts, pants, sweatshirts, sweatpants, jackets, jerseys, athletic uniforms, and caps." Pro Boxing Supplies, Inc. ,

Trademark 95

Trademark Designs Design Licensing 95

The IPKat

DECEMBER 4, 2023

Then, on 29 November, the General Court ruled ( T-19/22 ) on the distinctiveness of the Vespa EU 3D mark, eventually ruling that the EUIPO Board of Appeal had erred in holding that registration invalid due to lack of distinctive character. Does ‘substantial value’ mean ‘artistic value’?

Designs 135

Designs Design Copyright Registration 135

IPilogue

AUGUST 4, 2022

That case centered around the issue of whether the applicant’s “JU DIAN & Design Mark” was obtained in bad faith contrary to 18(1)(e) of TMA or was otherwise invalid per 18(1)(b) or 18(1)(d) of the TMA. That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA).

Trademark 114

Trademark Registration Designs Design 114

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 57

Design Patent Design Designs Patent 57

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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Registration Trademark Contracts Advertising 52

The TTABlog

FEBRUARY 6, 2025

The Board sustained on opposition to registration of the proposed mark MENTCHEES "for Toy figures; Modeled plastic toy figurines; Molded toy figures," on the ground of genericness. LLC , 123 USPQ2d 1544 (TTAB 2017) (COFFEE FLOUR held generic for a type of flour made from coffee cherry skins, pulp, and pectin). Chazak Kinder Inc.

Designs 45

Designs Design Registration Copyright 45

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. A detailed account of the domestic procedure for registration of trademarks in India can be found here.

Registration 52

Registration Trademark Contracts Intellectual Property 52

The TTABlog

JUNE 26, 2024

It sought cancellation of a registration for the mark PREDATOR & Design , issued in 2017, for soft drinks and energy drinks made with natural ingredients, claiming lack of bona fide intent and abandonment. Frequent TTAB litigant Monster Energy lost another one at the TTAB, this time on summary judgment. created a U.S.

Design 56

Design Designs Registration Social Media 56

IP and Legal Filings

APRIL 25, 2024

Introduction Section 3 of the Real Estate Regulation and Development Act, 2016 provides for prior registration of projects under the Real Estate Regulatory Authority that are undergoing completion as of the commencement of the Act and have not been granted a completion certificate by their respective local authorities.

Registration 52

Registration Settlement Law Blogging 52

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.

Registration 98

Registration Government Reporting Marketing 98

The IPKat

JULY 7, 2022

Concern is often expressed that design rights that are limited in time may be unduly extended in perpetuity through trade mark registrations and thus extended to create a monopoly for a particular shape. Furthermore, the design was not capable of being easily and instantly recalled by the target market as a distinctive sign.

Marketing 115

Marketing Marketing Registration Designs 115

Intepat

DECEMBER 4, 2023

With an increasing number of countries joining this unique international trademark registration framework, the World Intellectual Property Organization (WIPO), a specialized United Nations agency in Geneva, has administered over a million trademark registrations worldwide. What is a Provisional Refusal under the Madrid System?

Registration 52

Registration Trademark Intellectual Property Registering Trademarks 52

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. Ct 1002, 1007 (2017).

Design 52

Design Designs Copyright Artistic Work 52

IIPRD

JUNE 29, 2022

The monogram was designed to help them brand their firm and prevent copycats from trespassing on their turf. Fashion and luxury goods manufacturing requires a great deal of imagination, from the designs of the garments to the patterns, shapes, logos, symbols, and names associated with them. IP PROTECTION LOUI VUITTON PRODUCTS HAVE.

Intellectual Property 98

Intellectual Property Brands Branding Branding 98

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. where original jewellery designs are automatically protected under copyright law as sculptural or pictorial works.

Intellectual Property 115

Intellectual Property Design Designs Copyright 115

Indiana Intellectual Property Law

JUNE 17, 2022

Otisco, Indiana – Design Tascono, Inc. the Plaintiff claims to have numerous copyright registrations for its unique statue designs, 5 of which are at issue in this case (“Tascono Works”). According to the Complaint, Design Tascono is the owner of numerous copyrights for various decorative pieces, including wall sculptures.

Copyright Infringement 52

Copyright Infringement Design Designs Copyright 52

Biswajit Sarkar Copyright Blog

OCTOBER 25, 2023

In December 2022, the Examiner issued a decision rejecting the application on the grounds that the Mark failed to satisfy the requirement of intrinsic distinctive character within the meaning of Article 7(1 )( b) of the EU Trade Mark Regulation 2017/0001 (EUTMR). GROUNDS FOR REJECTION 1.

Trademark 97

Trademark Registration Design Designs 97

The IPKat

MARCH 10, 2022

The IPKat's favourite Le Pliage When you have a handbag design bestseller with over 54 million copies sold around the world since its creation in 1993, the question concerning the IP rights vesting in it is not just an academic one. Longchamp owns EUTM registrations for the shape of Le Pliage (Nos 013928528 and 014461958 ).

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IP Design Designs Registration 87

The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Andrusiek v. Cosmic Crusaders LLC and Lewis J.

Registration 58

Registration Trademark Social Media Design 58

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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Advertising Advertising Art Registration 96

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 Brands Branding Branding 98