Remove 2018 Remove Registration Remove Trademark Law
article thumbnail

Can A Single Colour Mark Acquire Registration In India?

IP and Legal Filings

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] 2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks.

article thumbnail

Top Trademark Trends of 2021 (Meta TMA edition)

Erik K Pelton

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
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Apple Sues USPTO Over SMART KEYBOARD Trademark

IPilogue

Tech giant Apple has recently filed a lawsuit against the United States Patent and Trademark Office (“USPTO”) and Director Kathi Vidal over the Office’s refusal to register Apple’s “SMART KEYBOARD” trademark based on genericness. Apple asks the district court to require USPTO to approve its SMART KEYBOARD mark registration.

Trademark 105
article thumbnail

Roof Afza v. Dil Afza: Finding Meaning in Trademark Protection

SpicyIP

The defendant, on the other hand, argued that they had filed for registration of their mark ‘Dil Afza’ in 2018, claiming that the same has been in use since 1949. They claimed that in March 2020, the defendant launched a syrup/sharbat ‘Dil Afza’ with a mark, get-up and design deceptively similar to that of the plaintiff’s.

Trademark 119
article thumbnail

Not All is Fair in Aashiqui and War?:  Analysing the DHC’s Injunction for Using ‘Aashiqui’ in Super Cassettes’s Film Name 

SpicyIP

The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. These entities generally do a check to avoid duplication before registration, however, such registration lacks legal sanctity.

article thumbnail

Top Trademark Trends of 2022

Erik K Pelton

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
article thumbnail

Top Trademark Trends of 2020

Erik K Pelton

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. 2018: [link]. 2016: [link].

Trademark 130