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.

Designs 67

Designs Design Registration Intellectual Property 67

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 92

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.

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Registration Settlement Law Blogging 52

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.

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Designs Design Intellectual Property Art 56

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 Designs Design Advertising 67

Plagiarism Today

NOVEMBER 16, 2022

1: Ninth Circuit Affirms Validity of Unicolors’ Copyright Registration on Remand, But H&M Scores Big on Remittitur Calculations. The lawsuit was filed by Unicolors, which accused H&M of infringing a 2011 design that they created as part of a 2015 one H&M sold in their stores and online.

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Registration Designs Design Copyright 209

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.

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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.

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Designs Design Registration Social Media 70

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 90

LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a Mask Work. Understanding Mask Work.

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Registration Designs Design Copying 40

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.

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Registration Trademark Social Media Designs 73

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.

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Design Patent Designs Design Patent 57

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.

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Copyright Infringement Designs Design Copyright 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).

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LexBlog IP

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.

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Design Patent Designs Design Patent 52

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.

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The TTABlog

FEBRUARY 16, 2023

The Board sustained Section 2(d) oppositions to the word-and-design marks shown immediately below, for Asian-themed cuisine and for restaurant services featuring same, finding confusion likely with opposer's common law mark RAMEN HOOD & Design (shown to the right) for Asian-themed restaurant services. menus and other printed items.

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Designs Design Registration Copying 52

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 89

LexBlog IP

FEBRUARY 17, 2023

Lizzo’s company, Lizzo LLC, applied for two word trademarks in June 2019 for 100% THAT B H for various types of clothing after she popularized the phrase in her 2017 hit single “Truth Hurts.” ” Lizzo adopted the line from a 2017 Twitter meme and gave the meme author credit as a song writer.

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Registration Music Trademark Design 52

Garrigues Blog

NOVEMBER 11, 2021

Simply applying the typical pattern of a “cachirulo” (traditional Aragonese bandana) on a different item of clothing does not confer individual character on the design. That is to say, the appellant questioned whether the comparison had to be made between the designs themselves or between the products in which they were incorporated.

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Designs Design Registration Blogging 52

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 111

LexBlog IP

AUGUST 15, 2022

In a recent precedential decision, the TTAB refused registration of two trademark applications by the County of Orange holding that the marks constituted insignia even though they were not official seals. [1]. The TTAB held that it was irrelevant that the circular design was not an official seal approved by the Board of Supervisors. .”

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Designs Design Government Registration 52

Garrigues Blog

JUNE 28, 2021

China has taken a further step towards aligning its regulations with the international protection system for designs. On June 1, 2021, the most recent reform of the country’s Patent Act entered into force, which includes significant changes to how industrial designs are regulated. Key reforms.

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Designs Design Intellectual Property Registration 52

SpicyIP

JULY 4, 2024

Image by storyset on Freepik The office of Controller General of Patents, Designs and Trademarks (CGPDTM) on July 2, has notified the 2025 Patent and Trademarks Agent Exams. The syllabus for the Trademarks Agent Exam is- Trade Marks Act, 1999 & Trademarks Rules, 2017(as amended) & matters related to IP Jurisprudence.

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Trademark Patent IP Design 45

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. ,

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Trademark Designs Design Licensing 95

The IPKat

MAY 30, 2023

With a decision dated 24 May 2023 , the General Court (GC) held that the term “EMMENTALER”, as designating a type of cheese, cannot be protected as European Union trade mark (EUTM), having a descriptive character in part of the European Union (EU), which may be a single Member State (in this case Germany).

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Registration Intellectual Property Designs Design 75

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.

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Trademark Registration Designs Design 97

LexBlog IP

SEPTEMBER 22, 2022

Amongst these, shape has the unique status of expressly finding its place in the trademark statutes of most developed nations, yet the number of trademark registrations being granted to shapes remains quite low. This dilemma over the grant of trademark registration to a shape mark was recently discussed by the High Court of Delhi.

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Registration Trademark Branding Brands 52

Selvam & Selvam Blog

DECEMBER 16, 2021

There also exist marks in the Register of Trade Marks, which have been granted registration with a condition that the proprietor has no right to the exclusive use of the letter(s) on their own. The threshold of stringency with which marks are granted registration has increased greatly since the advent of the Trade Marks Rules, 2017.

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Registration Trademark Branding Brands 40

The TTABlog

SEPTEMBER 27, 2021

Applicant claimed ownership of the word-plus-design mark shown immediately below, for "clothing, namely, shirts, t-shirts, shorts, sweatshirts, pullovers, pants, jackets, coats, belts, socks, headwear and footwear." See , e.g., In re USA Warriors Ice Hockey Program, Inc. , See , e.g., In re USA Warriors Ice Hockey Program, Inc. ,

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Registration Ownership Design Designs 52

azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. 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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Trademark Brands Branding Branding 52

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’?

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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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Advertising Advertising Art Registration 96

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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Registration Government Reporting Marketing 93

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.

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Intellectual Property Branding Brands Branding 98

Plagiarism Today

JANUARY 3, 2022

This came to a head in 2017 when the filmmaker Rick Allen sued the State of North Carolina over alleged illegal copying of footage he shot of Blackbeard’s sunken ship. According to Unicolors, the retailers infringed on one of their designs and sold various goods with it. 5: The Public Domain Expands.

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The IPKat

MAY 27, 2024

Dotted or broken lines are common in trade mark and design applications to show elements that are not meant to be protected. The General Court recently explored the relevance of broken lines in registered Community designs (‘RCD’) when they are invoked as prior art in invalidity proceedings. 25(1)(b), Art. 25(1)(b), Art.

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Designs Design Art Intellectual Property 60