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. In Lacoste’s case the registration gave it a broad monopoly over the concept of a crocodile design.

Trademark 52

Trademark Branding Brands Branding 52

Intepat

DECEMBER 1, 2023

Any entity spotting an identical or similar trademark in the Trademark Journal can file an opposition to its registration. The Trademark Act, 1999, and the Trade Marks Rules, 2017 (“Trade Mark Rules”) outline the trademark opposition process.

Trademark 59

Trademark Registration Registering Trademarks Copying 59

Kashishipr

JUNE 22, 2022

In India, the Trademarks Act of 1999 (referred to as ‘Act’ further in this article) forms the legal basis for Trademark Registration , protection, and enforcement. When the Registrar receives any opposition against the proposed trademark, there shall be a hearing to decide upon the matter.

Trademark 59

Trademark Registration Journalism Copying 59

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. In such scenarios, the mark may be refused registration.

Registration 52

Registration Trademark Intellectual Property Reporting 52

LexBlog IP

OCTOBER 13, 2021

De Luca considered whether modifications to the appearance of a trademark went beyond the scope of the registration. The Registrar of Trademarks may cancel a trademark registration if it has not been used in the preceding three years. A trademark license does not need to be written to be valid.

Licensing 52

Licensing Registering Trademarks Registration Trademark 52

SpicyIP

SEPTEMBER 11, 2023

If so, what will be the liability of such agents – damages, suspension, or cancellation of registration? I refer to Section 130 of the Patent Act l, Rule 116 of Patent Rules, and Rule 151 of the Trademark Rules, 2017. Though his registration was later restored.

Government 94

Government Trademark Patent Patent Application 94

Indiana Intellectual Property Law

DECEMBER 23, 2022

Registration No. Registration Date. May 16, 2017. is not an authorized Gema distributor and upon information and belief, does not sell “new” Gema products but rather sells knocks-offs using the Gema Trademarks without authorization. OPTISELECT. OPTISELECT. September 14, 2004. April 29, 2008. April 9, 2019.

Trademark 52

Trademark False Advertising Patent Registration 52

LexBlog IP

NOVEMBER 24, 2021

Whilst the goods and service classification is important, care should also be taken to ensure all other details contained within the trademark application are correct, including confirming the true identity of the applicant and that it is the actual owner of the mark. intends to assign the trademark to a corporation to be incorporated.

Ownership 52

Ownership Trademark Registration Registering Trademarks 52

Biswajit Sarkar Copyright Blog

JULY 19, 2023

The duration of the registration of the mark under the Trade Marks Act, 1999. Enhanced Remedies : In case of infringement proceedings, the proprietors of well-known trademark are awarded with stronger legal remedies, such as injunctions, damages, and criminal penalties by the court. In the case of Whirlpool Co.

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

JANUARY 26, 2023

Patent and Trademark Office (USPTO), and if the trademark they want is “available” some nice person at the USPTO will “grant” it to them. It certainly is not the way you “get” a trademark. Client: “But wait—if I already have a trademark why do I need registration?” In the U.S. Supreme Court’s opinion in Matal v.

Trademark 60

Trademark Registration Trademark Law Business 60

Selvam & Selvam Blog

AUGUST 20, 2023

Ramya S.Moorthy vs. the Registrar of Trade Marks When a trademark application is filed and subsequently accepted by the Trademark Office, it doesn’t mean an immediate registration. Earlier, the Trademark Office used traditional means like postal mail to serve the notice of opposition to the applicant.

Trademark 52

Trademark Copying Registration Registering Trademarks 52

43(B)log

FEBRUARY 15, 2022

As a plaintiff, you probably don’t want the background narrative to start with “Plaintiff started selling BoostLash, which has the same purpose and functionality as Idol Lash, in 2017, while plaintiff’s principals were still employed at Idol Lash.” But we're here for the trademark parts of the case! The products each cost $49.95

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

The IPKat

FEBRUARY 20, 2024

On 23 August 2021, CeramTec applied for registration of three European Union trade marks (EUTMs): the three-dimensional mark No 10 214 179 in the colour ‘pink, Pantone 677 C’ (to the upper right), the figurative mark No 10 214 112 in the colour ‘pink, Pantone 677 C’, and the mark No 10 214 195 consisting in the colour pink, Pantone 677 C.

Art 65

Art Registration Registering Trademarks Intellectual Property 65

Garrigues Blog

JULY 6, 2021

There are three requirements that the claimant must prove: The domain name is identical or similar to the point of being able to confuse it with a previous right owned by the applicant; The domain owner has no legitimate rights or interests over the domain name; and, The domain name has been registered or is being used in bad faith.

Branding 52

Branding Brands Branding Registration 52

43(B)log

SEPTEMBER 13, 2022

Meanwhile, Warzone is a free-to-play, turn- and strategy-based game available on Warzone.com since 2017 (through the browser, not a console). Activision sought to register trademarks for WARZONE and CALL OF DUTY WARZONE, which Warzone.com opposed. Rogers also barred California claims.

Registering Trademarks 59

Registering Trademarks Trademark Registration Marketing 59

IP and Legal Filings

MARCH 5, 2023

The plaintiff had been utilising the RPG Enterprises Logo (Label) since 1987 and was the registered copyright owner of that logo in India. In 1988, registration for the “RPG Enterprises” label was granted. The plaintiff also owned the domain names www.rpggroup.com and www.rpg.in.

Trademark 52

Trademark Registration Business Social Media 52

SpicyIP

AUGUST 22, 2022

Mattel (the owner of the Barbie trademark) in 2017 filed an interim application to injunct the distribution of the song “ sexy barbie girl” [which was later renamed as “ sexy baby girl” ] which had already been released ahead of the movie “ Tera Intezaar” (covered on SpicyIP here ). The precedent set in Consim Info Pvt.

Trademark 123

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 123

IP and Legal Filings

FEBRUARY 2, 2024

The Trademarks Act of 1999 does not forbid the use of names of gods or goddesses, religious symbols, or figurines in and of themselves; But it simply limits the registration of the mark under the Trademarks Act’s Section 9(2)(b), as is shown while reading the clause. 6] Section 9(2)(b) of the Indian Trademarks Act, 1999.

Trademark Law 92

Trademark Law Trademark Law Service Mark 92

43(B)log

JULY 3, 2023

Industria has never had a registration for Ranchera; its application was opposed by an unrelated third party and has been suspended; a prior registration for Zenú was cancelled and Industria never sold any Zenú or Ranchera products in the United States when it owned that registered trademark.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Intepat

NOVEMBER 7, 2022

Trademark Registration Fees. When it comes to trademark registration fees in India, there are several essential things to keep in mind. The first is that the fee for filing a trademark application with the Indian Trademark Office (ITO) can vary depending on the type of trademark that you are filing for.

Registration 52

Registration Trademark Registering Trademarks Branding 52

SpicyIP

MARCH 25, 2024

Its unauthorised use, hence, may be considered as infringement, where it is registered. Since the Indian Trademark Registry website is inaccessible because of ‘scheduled maintenance activity’, the author couldn’t verify the registration status of ‘Michelin Star’ in India.

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

Garrigues Blog

NOVEMBER 15, 2021

Nevertheless, current regulation of this distinctive sign has approximated trade names to trademarks, including application of the International Classification of Goods and Services to this mode of registration.

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

Intepat

DECEMBER 4, 2023

These legal identifiers are commonly known as ‘trademarks,’ serving as a critical tool for establishing a unique identity, reputation, and goodwill for a business entity. The legal protection of these trademarks is contingent upon their registration with the relevant government authority, such as the Trade Marks Registry in India.

Registration 52

Registration Trademark Contracts Advertising 52

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them.

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

SEPTEMBER 29, 2022

–Kat Eschner, The Story of Hollywood’s Most Famous Lion (2017). I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). There’s no roar quite like a Nittany Lion’s!

Trademark 52

Trademark Registration Music Intellectual Property 52

Kashishipr

AUGUST 2, 2021

A Unique Temporary Registration Number (UTRN) is generated on filing the online application. After approval of the application for recordation by the Commissioner of Customs, the UTRN will be converted to UPRN (Unique Permanent Registration Number), and the said UPRN would be issued, which confirms the recordation.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

IIPRD

FEBRUARY 23, 2021

The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. Trademark as Collateral in the US. For a common law trademark, notice of the lender’s security interest is not required to be recorded.

IP 40

IP Intellectual Property Branding Brands 40

SpicyIP

APRIL 9, 2022

This case while declaring the RPG mark to be a well-known mark discusses certain important issues of trademark infringement by use of the registered trademark by another registered trademark proprietor and use of the registered trademark in a trade name, with respect to dissimilar goods and services.

Registering Trademarks 79

Registering Trademarks Trademark Registration Government 79

SpicyIP

JANUARY 9, 2023

Registrar of Trademarks and Ors., whereby the court held the mark to be in custody of the court and held the registration of the mark ‘Jawa’ in favor of Respondent no. Holds ‘Swiss Military’ mark cannot be registered by the defendant as it amounts to false trade description. Boman Irani) to be void. Case: Armasuisse v.

Trademark 90

Trademark IP Registration Reporting 90

SpicyIP

AUGUST 14, 2023

We also had guest posts by Rahul Bajaj on Delhi High Court’s pragmatic approach while granting an interim injunction in the Modern Foods case, and by Varsha Sharma on Delhi High Court’s order regarding retrospective interpretation of TM 2017 Rules. Anything important we’re missing out on? Drop us a comment below! Hi Tech Pvt.

Trademark 80

Trademark Registration Art Reporting 80

SpicyIP

DECEMBER 8, 2023

2017) case, the court shifted focus, asserting that goodwill within the jurisdiction is essential for passing-off actions and marks will lack protection unless there are sales and an established market in India. 2017), where the Indian Supreme Court endorsed the broader concept of goodwill as elucidated by Prof. AZ Tech (India) Ltd.

Technology 59

Technology Trademark Business Branding 59

SpicyIP

DECEMBER 11, 2023

Concerning the contention of the defendant that the plaintiff’s trademark should not have been registered in the first place, the court held that Section 31(1) provides for a presumption of validity of a registered trademark and thus dismissed this argument in the context of determining the question of infringement.

Trademark 79

Trademark Fair Use Moral Rights Art 79

SpicyIP

FEBRUARY 12, 2024

Read Yogesh’s critique of the judgement in light of DHC’s OpenTV decision and the CRI 2017 Guidelines. Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. “ Vifor International v.

Trademark 80

Trademark Social Media Registering Trademarks Copyright 80

LexBlog IP

JUNE 21, 2023

. § 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. 1744 (2017), Iancu v. Japanese Trademark Law, Article 4(1)(viii).

Registration 52

Registration Trademark Law Trademark Law 52

IP and Legal Filings

NOVEMBER 27, 2022

This registration application for trademark of the hue, was sternly opposed by Cadbury’s staunch foe, Nestle. The mark should be ruled out from the registration because it does not contain a distinctive character. Pawan Kumar (2017), and Louboutin v. Nestle contended that. In two out of three cases of Louboutin v.

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. Tam (2017) and Iancu v. The text of Section 2(c) is viewpoint-neutral.

Registration 75

Registration Trademark Blogging Law 75

SpicyIP

FEBRUARY 17, 2023

While dealing with a petition u/s 57 and 125 of the Trademarks Act, 1999 (‘ TM Act ‘), the Court had the opportunity to interpret the landmark judgement of the Supreme Court in Patel Field Marshal Agencies v. Raj Kumar Prasad 2017 (‘ Abbott Healthcare I ‘). P.M.Diesels Ltd. What’s the deviation?

Trademark 74

Trademark Registering Trademarks Intellectual Property Law IP 74