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.

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Trademark Branding Brands Branding 52

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. Any individual or entity can file an opposition against the proposed trademark published in the trademark journal.

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Trademark Registration Journalism Copying 59

Erik K Pelton

MAY 28, 2024

The following are the comments our firm submitted today regarding the USPTO’s proposed trademark fee changes and increases: Docket No.: Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. trademark registrations.

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Registration Trademark Business Reporting 147

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr.

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Government Trademark Patent Patent Application 94

IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.

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Trademark Law Trademark Law Service Mark 92

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 123

Indiana Intellectual Property Law

DECEMBER 23, 2022

The United States Patent and Trademark Office issued Patent Nos. 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.

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Trademark False Advertising Patent Registration 52

The TTABlog

JANUARY 26, 2023

I often cringe at use of the word "trademark" as a verb, and Bob's article explains what the problem is. The Most Important Trademark Fact You Probably Don’t Know Client: “I’ve been in business for a couple of years now, and I want to trademark my company’s name.” Trademark Lawyer: “What do you mean you want to ‘trademark’ it?”

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Trademark Registration Trademark Law Business 60

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Image from here Mischief, Manifestation, and the Michelin Trademark! As an IP enthusiast, the author perceives this as a trademark matter. Its unauthorised use, hence, may be considered as infringement, where it is registered. By Dr. (Prof.)

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Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

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. What is a Provisional Refusal under the Madrid System?

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Registration Trademark Intellectual Property Reporting 52

Biswajit Sarkar Copyright Blog

JULY 19, 2023

Trademarks play a vital role for small and big businesses across the globe, serving a unique identity to the products and services of the business. The status of well-known trademark is not granted based on mere unfounded hearsay. This is the reason we have popularly know some trademarks like WIPRO, Cadbury, Parle G etc.

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Trademark Branding Brands Branding 52

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.

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Trademark Copying Registration Registering Trademarks 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. Trademark Licensing. The Use of Variants. Important Lessons.

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Licensing Registering Trademarks Registration Trademark 52

Garrigues Blog

NOVEMBER 15, 2021

Often, during scrutiny and examination of an intellectual property portfolio, trade names will be found among the trademarks. It is not uncommon when reviewing a client’s intellectual property portfolio to find distinctive signs which in Spain are protected by trade names rather than trademarks. In particular, article 7.1

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Trademark Intellectual Property Trademark Law Registration 52

LexBlog IP

NOVEMBER 24, 2021

When preparing a trademark application, a significant amount of attention is often given to the drafting of the specification of goods and services. intends to assign the trademark to a corporation to be incorporated. intends to assign the trademark to a corporation to be incorporated. Pham v Insight.

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Ownership Trademark Registration Registering Trademarks 52

43(B)log

FEBRUARY 15, 2022

Defendants also allegedly unlawfully used variations of the Boost’s trademark “BoostLash,” as an adword. But we're here for the trademark parts of the case! BoostLash” is a registered trademark for “non-medicated eyelash growth serum.” Was BoostLash descriptive despite the registration? Multi Time Machine v.

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Registering Trademarks Confidentiality Trademark Advertising 72

IP and Legal Filings

MARCH 5, 2023

Riju Ghoshal, 2022 SCC OnLine Bom 626 acknowledged that the plaintiff’s “RPG” marks have grown to be recognised trademarks under Section 2(1)(zg) of the Act. The plaintiff had been utilising the RPG Enterprises Logo (Label) since 1987 and was the registered copyright owner of that logo in India.

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Trademark Registration Business Social Media 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.

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Registering Trademarks Trademark Registration Marketing 59

Garrigues Blog

JULY 6, 2021

When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ). Let us see it. Forgetting this step can have very negative consequences.

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Branding Brands Branding Registration 52

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.

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43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. The order was temporarily stayed pending full authentication of the Colombian registrations. Industria De Alimentos Zenu S.A.S. Latinfood U.S.

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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.

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Registration Trademark Registering Trademarks Branding 52

Intepat

DECEMBER 4, 2023

In the competitive world of business, trademarks play a pivotal role in distinguishing one company’s goods or services from another. 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.

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Registration Trademark Contracts Advertising 52

SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

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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!

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Trademark Registration Music Intellectual Property 52

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. Trademark as Collateral in the US.

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IP Intellectual Property Branding Brands 40

Kashishipr

AUGUST 2, 2021

The IP rights holders can either record their IP beforehand, enabling the Customs authority to suo motu monitor shipments and exclude, detain, seize, destroy, or dispose of the merchandise that it suspects to be counterfeit or infringing the recorded trademark; or make a complaint to the Customs authority under the domestic Customs legislation.

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IP Intellectual Property Registration Registering Trademarks 105

SpicyIP

APRIL 9, 2022

Ujjawal is a fifth-year student of the Institute of Law, Nirma University, Ahmedabad and has a keen interest in the subject of Intellectual Property, specifically copyright and trademark laws. They have been using the trademark RPG, derived from the acronym of its founder Ram Prasad Goenka, since 1979. RPG Enterprises v. Justice S.J.

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Registering Trademarks Trademark Registration Government 79

SpicyIP

JANUARY 9, 2023

Wheels of Trademark Go Round-and-Round: Analyzing the ‘Yezdi’ Order of Karnataka High Court. 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. Registrar of Trademarks and Ors., Ideal Jawa (India) Ltd.

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Trademark IP Registration Reporting 90

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. Distinctiveness – under the Trademark Act, the term ‘mark’ includes ‘combination of colours’ making it intrinsically obscure.

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Trademark Branding Brands Branding 52

SpicyIP

AUGUST 14, 2023

Praharsh wrote on the Delhi High Court’s Division Bench order staying the operation of the Single Judge’s direction in Vifor “Product by Process Claims” case and on the Oppositions Status Report filed by the Trademark Registry before the Delhi High Court. Anything important we’re missing out on? Modern Foods v.

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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.

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Technology Trademark Business Branding 59

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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Trademark Social Media Registering Trademarks Copyright 80

SpicyIP

DECEMBER 11, 2023

The DHC’s verbose order distinguishing between ‘goodwill’ and ‘reputation’ resets the debate on the fundamentals of transborder reputation claims in trademark litigation. The court held that the defendant’s mark is deceptively similar to the plaintiff’s “Tumorin” trademark. Castrol Limited & Anr.

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Trademark Fair Use Moral Rights Art 79

LexBlog IP

JUNE 21, 2023

” As one commentator noted, citing examples like Tesla, The Lincoln Project, and others, the prohibition on allowing marks associated with living persons does not apply to historical trademarks: Historical trademarks are trademarks about an event or person from history. .” 1744 (2017), Iancu v. Tam , 137 S.

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Registration Trademark Law Trademark Law 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? Tam (2017) and Iancu v. After the Supreme Court granted cert in Vidal v.

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Registration Trademark Blogging Law 75

SpicyIP

FEBRUARY 17, 2023

Satish Kumar Jain , holding that the rights u/s 57 of the Trademarks Act to seek rectification of the register, is independent of the rights u/s 124 which allows the defendant to seek a stay over the infringement proceedings when the validity of the trademark is raised as a defence. P.M.Diesels Ltd. Para 28 & 29 ).

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Trademark Registering Trademarks Intellectual Property Law IP 74