IP and Legal Filings

JANUARY 11, 2024

Although scents are implicitly included in the Act’s protection of trademarks, the U.S. Patent and Trademark Office (USPTO) has stringent procedures for scent trademark registration. The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks.

Trademark 93

Trademark Intellectual Property Branding Brands 93

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP and Legal Filings

FEBRUARY 20, 2023

However, the same process does not include any examination or verification to determine whether the domain name is distinctive or capable of distinguishing itself from the competition, i.e., existing domain names that are clearly in violation of trademark law.

Trademark 91

Trademark Registering Trademarks Registration Trademark Law 91

Patently-O

JUNE 29, 2022

Coca-Cola stepped-in in 2016 seeking to cancel Meenaxi’s mark registrations. A case like this begins with the territorial doctrine of trademark law: Under the territoriality doctrine, a trademark is recognized as having a separate existence in each sovereign territory in which it is registered or legally recognized as a mark.

Trademark 119

Trademark Trademark Law Branding Brands 119

Erik K Pelton

DECEMBER 31, 2021

An expungement proceeding allows for cancellation, in whole or in part, of a trademark registration between three and ten years old if the mark has never been used in commerce with some or all of the registered goods and/or services. For the latest developments o­n trademark scammers, check, Is This a Trademark Scam?®.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

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?

Registration 52

Registration Trademark Intellectual Property Reporting 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. trademark law that trademark ownership arises from using a chosen mark in offering and providing goods or services to the public.

Trademark 60

Trademark Registration Trademark Law Business 60

IPilogue

AUGUST 4, 2022

Judian opened locations specifically in metro Vancouver for the large Chinese Canadian population in this area who would recognize the Beijing Judian trademarks. The following family of JU DIAN character trademarks have been heavily used in China to promote their restaurants. The Decision. 18(1)(e) of the TMA. Other issues.

Trademark 115

Trademark Registration Designs Design 115

SpicyIP

SEPTEMBER 11, 2023

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. Plus, I argue that the liability of such an agent should be analogized with legal practitioners for which we already have sound jurisprudence and laws regarding professional conduct.

Government 105

Government Trademark Patent Patent Application 105

IP and Legal Filings

AUGUST 11, 2023

This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 4] Second, the qualification for registering a trademark, both traditional and non-traditional, essentially remains the same.

Trademark 84

Trademark Registration Intellectual Property Intellectual Property Law 84

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

Erik K Pelton

DECEMBER 28, 2020

The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics. 2017: [link].

Trademark 130

Trademark All Rights Reserved Registration Branding 130

IP and Legal Filings

DECEMBER 23, 2023

However, a caveat to this is that the use of a similar mark can still be permitted on different products or services, though it may not be eligible for registration as a domain name. [3] It also held that when possessor of a trademark has prior and exclusive usage, they not only possess superior title but also absolute ownership.

Trademark 52

Trademark Registration Trademark Law Business 52

JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. com” does not make “booking” non-generic for trademark registration when it becomes “Booking.com.” The Decision.

Trademark 98

Trademark Registration Trademark Law Advertising 98

IP and Legal Filings

FEBRUARY 20, 2022

Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Under trademark law, however, phrases are frequently deemed not to disclose the commercial origin of products or services, which is a trademark’s primary role. 2017/1001 and thus can be registered as a trademark.

Trademark 54

Trademark Advertising Advertising Registration 54

The IPKat

JUNE 12, 2022

Generally speaking, such applications would be refused registration in that they inter alia fail to perform their basic function – namely to indicate commercial origin. What public policy is must be laid down expressly in law. Let’s see more in detail what this case is about and what INTA’s take consists of.

Registration 93

Registration Intellectual Property Law Trademark Law 93

IPilogue

OCTOBER 28, 2021

Nonetheless, the Canadian Intellectual Property Office notes that those in the jewellery industry may be granted industrial design registrations, offering a different kind of intellectual property protection. where original jewellery designs are automatically protected under copyright law as sculptural or pictorial works.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Technology & Marketing Law Blog

JUNE 8, 2024

” 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. Normally, in a situation like this, I ask the question: “Who owns the right to the name ‘Texas Tamale’?” ” The right answer should be “no one.”

Trademark 100

Trademark Advertising Advertising False Advertising 100

Garrigues Blog

NOVEMBER 15, 2021

A trademark is a distinctive sign which identifies the goods and services of a company, and differentiates them from those of competitors, whereas a trade name identifies a company operating in trade and serves to distinguish it from other companies carrying out identical or similar activities. In particular, article 7.1

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

IP and Legal Filings

OCTOBER 23, 2023

In the year 2017 the market value of the E-commerce was $38.5 Image Sources: Shutterstock] Amid this growth, the issue of trademark infringement is faced by the trademark owners in online marketplaces. Firstly, the basic step towards protecting trademarks in online marketplaces is to register them with the Trademark Registry.

Marketing 89

Marketing Marketing Trademark Registration 89

Garrigues Blog

JULY 6, 2021

For example, when the main purpose of the registration is to sell it, if it has been to obstruct the third party, if it is used to attract traffic and obtain benefits or to mislead consumers about the products or services of others.

Branding 52

Branding Brands Branding Registration 52

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

Government 147

Government Business Trademark Blogging 147

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. Concluding Remarks.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Benjamin * How Have Section 512(f) Cases Fared Since 2017?

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

Intepat

MAY 16, 2023

The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. 14 provides that if anyone files an application for the registration of a trademark, the consent of the living person must be taken and it should not be falsely or fraudulently obtained.

Branding 98

Branding Brands Branding Personality Rights 98

IP and Legal Filings

JUNE 27, 2022

According to section 2(1)(zb) of the Indian Trademarks Act,1999, a mark which is capable of being represented graphically and it has the ability to distinguish the goods and services from others, and it may be the shape or packaging of goods or combination of colors is termed as a trademark.

Trademark 52

Trademark Intellectual Property Trademark Law Branding 52

The IP Law Blog

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning.

Designs 52

Designs Design Trademark Branding 52

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark!

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

LexBlog IP

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning.

Designs 40

Designs Design Branding Brands 40

The IP Law Blog

MARCH 2, 2021

The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C. 10 According to Fossil, the equity courts historically required plaintiffs to establish willfulness, or its historical equivalent, to obtain a profits award in trademark disputes. & ECON. Weightman, supra note 28.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

Artistic Work 62

Artistic Work Television Trademark Trademark Law 62

LexBlog IP

SEPTEMBER 29, 2022

–Kat Eschner, The Story of Hollywood’s Most Famous Lion (2017). Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. There’s no roar quite like a Nittany Lion’s!

Trademark 52

Trademark Registration Music Intellectual Property 52

SpicyIP

FEBRUARY 21, 2024

Rather, after analysing the legislative intent of the TRA, conflicting High Court judgements on the said issue and the earlier position of trademark law in India, the Court referred the matter to a larger bench for reconsideration. Stay of proceedings where the validity of registration of the trade mark is questioned Absent in the Act.

Trademark 105

Trademark Intellectual Property Designs Design 105

SpicyIP

FEBRUARY 13, 2023

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. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.

Designs 52

Designs Design Trademark Cease and Desist 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. Legal Background: Registration. Unicolors, Inc.

Registration 78

Registration Blogging Copyright Designs 78

Technology & Marketing Law Blog

DECEMBER 11, 2023

Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face. This is not just a new standard in trademark law, but a new standard for this ancient and important literary form. 218 (2017); Iancu v. Tam , 582 U.S. Brunetti , 139 S.

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Blogging Trademark Branding Brands 113