IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj &Ors, [Civil Suit No. 344/2018]. [6]

Marketing 88

Marketing Marketing Trademark Registration 88

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 114

Fair Use Registration Designs Design 114

The TTABlog

OCTOBER 20, 2023

In a non-precedential ruling, the CAFC affirmed the TTAB's decision [ TTABlogged here ], granting a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for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. Actually, registrations are cancelled, not marks - ed. Text Copyright John L.

Registration 70

Registration Trademark Service Mark Marketing 70

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. The registration was blocking Monster's application to register PREDATOR for energy drinks, soft drinks, and sports drinks.

Designs 67

Designs Design Registration Social Media 67

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

43(B)log

DECEMBER 16, 2022

I spent years teaching fitness and developing The Sculpt Society method before launching in 2017.” Claims that a defendant invented a product to fill a gap in the market, and the resulting implications regarding the innovativeness of a defendant’s product, constitute puffery rather than an assertion of fact.”

Marketing 59

Marketing Marketing False Advertising Contracts 59

The IPKat

AUGUST 12, 2024

In 2017, Amycel found that a Polish farmer (whose name is redacted in the order) produced and marketed a mushroom strain named 'Cayene'. Additionally, the court dismissed the defendant's argument that the urgency requirement was not met because 'Cayene' had been known in Poland since 2017.

Contracts 103

Contracts Patent Patent Law Law 103

The IPKat

AUGUST 1, 2024

For class 3, the Opposition Division found that the goods and services in the Registration and the Application were either identical (cosmetics), similar (dentifrices), or similar to a high degree (kits and gift sets).

Registration 67

Registration Marketing Marketing Intellectual Property 67

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 82

Registration Government Reporting Marketing 82

The IPKat

FEBRUARY 27, 2023

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. The examiner rejected the application on 23 rd March 2020. Comment This decision adds to the increasingly relevant debate on greenwashing.

Trademark 130

Trademark Advertising Advertising Marketing 130

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) ).

Cease and Desist 126

Cease and Desist Registration Business Marketing 126

LexBlog IP

OCTOBER 13, 2021

Further, according to article 8(2) of Law 4481/2017, a CMO may exist under the form of a public limited company (SA), but all of its shares must be mandatorily registered. Legal forms of CMOs. In practice, most CMOs in Greece have chosen the form of limited liability civil cooperatives. to be organised on a non-profit basis.

Related Rights 98

Related Rights Licensing Law Copyright 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.

Government 74

Government Marketing Marketing Business 74

The IPKat

JUNE 10, 2024

Looking at the data published by the EUIPO from the past three years, trade mark registrations for non-conventional marks remain nevertheless low. As such, it differed from any other shape on the market. That conclusion, likely not too shocking to anyone, is the following: non-conventional marks remain difficult to register.

Law 67

Law Registration Publishing Designs 67

Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] ” But the trademark registration was over 5 years old, so it had become “incontestable.” CV H-17-1068, 2017 WL 2957912, at *8 (S.D. CPUSA2 appeared first on Technology & Marketing Law Blog. Yum, and easily veganized. ” Say what? ” Uh oh.

Trademark 100

Trademark Advertising Advertising False Advertising 100

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

Plagiarism Today

JANUARY 27, 2022

The system, which made domain registrant contact information available to the public, was inherently incompatible with the new EU General Data Protection Regulation (GDPR). These would act as a middle person between the registrant and the database. Then, one day, it was pretty much gone. However, the system hit a landmine in 2018.

Privacy 310

Privacy Registration Plagiarism Publishing 310

Biswajit Sarkar Copyright Blog

JULY 19, 2023

Though these trademarks have acquired distinctiveness as well as global reputation in both national and international market, it has to follow certain procedure to get the status of being a well-known trademark. The duration of the registration of the mark under the Trade Marks Act, 1999. Well, what really is a well-known trademark?

Trademark 52

Trademark Branding Brands Branding 52

Intepat

APRIL 23, 2024

The Dilemma Presented by Similar Drug Names The absence of stringent regulatory guidance has led to a market environment where some entities engage in self-serving and malafide actions. This oversight means there is no effective mechanism to prevent the registration of fraudulent or deceptively similar names for medicinal products.

Branding 52

Branding Brands Branding Trademark 52

The IPKat

DECEMBER 29, 2023

On 20 December 2023, the General Court (GC) issued its decision in the case T-564/2 regarding the registration of an EU figurative trade mark representing a lion’s head encircled by rings forming a chain in classes 14 and 25. The decision was appealed. The same reasoning can be applied to products in class 14 (jewellery).

Registration 64

Registration Marketing Marketing 64

Patently-O

JUNE 29, 2022

That divide allows the company to cater to local market preferences and regulations and also avoid potential arbitrage. In the 1970’s Coca-Cola withdrew its flagship sugary cola from the Indian market at a time of heavy regulation of foreign companies. In the 1990s, the Indian market opened again to foreign competition.

Trademark 119

Trademark Trademark Law Branding Brands 119

The IPKat

FEBRUARY 22, 2022

The thorny issue of the registration of a 3D trade mark never ceases to challenge the trade mark system. EOS maintained that the trade mark was inherently distinctive and, in the alternative, was registrable based on acquired distinctiveness, under Article 7(3) EUTMR. EOS appealed to the EUIPO Boards of Appeal (case R 2017/2019-4 ).

Registration 90

Registration Marketing Marketing 90

Intepat

MAY 24, 2023

More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. More and more countries have signed up to this unique international trademark registration system. The process of trademark registration internationally under the Madrid System can be read here.

Registration 52

Registration Trademark Intellectual Property Reporting 52

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?

Designs 64

Designs Design Registration Service Mark 64

IP and Legal Filings

JANUARY 11, 2024

Patent and Trademark Office (USPTO) has stringent procedures for scent trademark registration. This conundrum is acknowledged in the Official Manual, 2017 of Trade Marks in India, which claims that since odours do not fulfil the definition of a graphical representation, they are not to be recognised. Iconic scents like Chanel No.

Trademark 93

Trademark Intellectual Property Branding Brands 93

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. .”

Registration 113

Registration Fair Use Copyright Designs 113

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.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

FEBRUARY 20, 2022

As a result, slogan registration is frequently denied due to a lack of distinctiveness. The criterion for distinctiveness for slogans is the same as for other word marks, i.e., it should be examined in light of the goods or services for which registration has been sought, as well as the public’s perception of the mark.

Trademark 54

Trademark Advertising Advertising Registration 54

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.” In 2017, Defendants’ executive assistant sent emails to Steven Sikes from SoFi seeking to schedule a meeting between Mr. Sikes and Mr. Plashkes. Bar associations, do better.

IP 74

IP Advertising Advertising Copyright 74

IP and Legal Filings

AUGUST 11, 2023

2] This new set of marks is often referred to as non-traditional trademarks , and the qualification for their registration, as opposed to a traditional mark, is substantially higher. [3] I do this by demonstrating the statutory criteria for trademark registration and then applying the set criteria to check the registrability of braille.

Trademark 83

Trademark Registration Intellectual Property Intellectual Property Law 83

The IPKat

FEBRUARY 20, 2024

Among other products, CeramTec markets a pink-coloured hip-replacement implant. It also argued that the pink colour was not part of a marketing strategy, but rather the result of the chromium oxide, present in the implants and covered by the now-expired patent. 52(1)(a) and (b) of the same Regulation, autonomous and exclusive?

Art 64

Art Registration Registering Trademarks Intellectual Property 64

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. The order was temporarily stayed pending full authentication of the Colombian registrations. But it does not seem to require harm.

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

OCTOBER 31, 2022

He alleged that he used the CBC Casper and Casper names exclusively to promote his work to the public, and that, by 2017, he used the Casper mark in commerce in connection with distributing downloadable Casper CBC software and specifications under open-source licensing agreements in the United States.

Registration 59

Registration Trademark Ownership Marketing 59

The IPKat

SEPTEMBER 30, 2023

In December 2022, following several exchanges of correspondence with Colt, the examiner assigned to the Application (the Examiner) issued a decision rejecting the Application on the grounds that the Mark failed to satisfy the requirement of intrinsic distinctive character pursuant to Article 7(1)(b) of the EU Trade Mark Regulation 2017/0001 (EUTMR).

Registration 120

Registration Intellectual Property Marketing Marketing 120

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” That’s what Chisholm Trail High School’s softball team and color guard did in 2017, on Twitter, to under 1000 followers, crediting Bell. NXIVM Corp. Ross Institute, 364 F.3d

Fair Use 90

Fair Use Social Media Licensing Marketing 90

The IPKat

JULY 31, 2024

Ultimately, the Board rejected the claim, upholding the trade mark registration instead. Background Founded in 2017, Premium Uzbekistan specializes in producing a variety of alcoholic beverages and has established itself as a leading producer in Uzbekistan and across Central Asia. According to Art.

Registration 56

Registration Government Law Trademark 56

IIPRD

MARCH 17, 2023

Subsequently, the healthcare sector has gained precedence and command over the market. The global nutraceutical market (including functional food, functional beverages, and dietary supplements) is anticipated to grow by 7.5% (CAGR) between 2022 and 2027, in which the United State market share is considered to be the biggest.

IP 52

IP Intellectual Property Marketing Marketing 52