The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

Branding 52

Branding Brands Branding Registration 52

The IPKat

JULY 13, 2022

There are brands that, after a successful run, fall into oblivion. From an IP perspective, it might be the case that – together with the oblivion these brands fall into – the related trade mark registrations lapse too. NEHERA’ was in fact a well-known fashion brand that Jan Nehera found in Czechoslovakia in the 1930s.

Branding 60

Branding Brands Branding Registration 60

Kashishipr

JULY 20, 2022

Bernard Kelvin Clive, a well-known brand strategist, once said that strong brands aren’t built through shortcuts and copycats. In the 21 st century, the Oreo cookie is the best-selling cookie brand worldwide. Let us discuss a few of them. Such results talk about Xiaomi being a poor imitation of the tech giant Apple Inc.

Branding 52

Branding Brands Branding Marketing 52

The IPKat

AUGUST 4, 2023

The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi (BarentsKrans) regarding a recent Dutch decision on free riding and declining reputation of a brand. Quite often, the IP of a bankrupt company is sold to a third party who continues operating all or some of the brands.

Branding 52

Branding Brands Branding Marketing 52

IP and Legal Filings

JANUARY 11, 2024

Trademarks are traditionally considered to be connected with visual elements that include logos, brand names, as well as packaging however, the field of trademarks has widened and it includes non-traditional marks, such as smells, sounds, colors etc. Iconic scents like Chanel No. Iconic scents like Chanel No.

Trademark 93

Trademark Intellectual Property Branding Brands 93

The TTABlog

JULY 6, 2021

Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products. Section 14(3) cases are as rare as a White Sox fan in Boston. 2021 U.S.P.Q.2d

Registration 98

Registration Marketing Marketing Branding 98

The TTABlog

MAY 29, 2024

The same applicant met the same fate in this attempt to register that same phrase for "Online retail store services featuring clothing, jewelry, bags, gifts, home goods, hats, blankets, mugs, belts, branded gift bags, floor mats, keychains, novelty toys for playing jokes, and pillows." Wal-Mart Stores , 2019 WL 193990, at *12.

Service Mark 113

Service Mark Branding Brands Branding 113

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. The biggest individual brand story of the year was Facebook’s announcement of its new META brand.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

The IPKat

MARCH 4, 2024

Both Nike and Jacquemus are brands retaining a remarkable legacy in the realm of fashion … and IP too. The bag was first launched on Jacquemus’ Instagram account and stirred an intense debate among the brands’ audience.

Copying 102

Copying Branding Brands Branding 102

The TTABlog

DECEMBER 14, 2023

It spent $500,000 advertising the GIGANTOSAURUS brand and enjoyed unsolicited press coverage for the GIGANTOSAURUS television show prior to its premiere date. Bloggers published party ideas based on the GIGANTOSAURUS brand through sponsored promotions from Applicant.

Television 60

Television Registration Branding Brands 60

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration 82

Registration Trademark Trademark Law Law 82

Intepat

MAY 28, 2024

Apple could argue transborder reputation, asserting that its brand’s recognition and reputation extend beyond national borders. Inherent Distinctiveness: The Apple logo and brand name are inherently distinctive due to their unique design and association with the company’s products, such as iPhones, iPads, MacBooks, etc.

Trademark 52

Trademark Intellectual Property Branding Brands 52

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

The IPKat

MAY 30, 2024

On 02 May 2019, Elettra Lamborghini (the Applicant) filed before the UIBM the application for registration No. The Opposition Division did not deem it necessary to examine the existence of a likelihood of confusion as it refused the registration on the ground of free riding. The Applicant appealed.

Registration 56

Registration Music Trademark Branding 56

IPilogue

SEPTEMBER 16, 2022

Historically, China’s trademark system was based on a “first to file” rule , meaning that the exclusive right of a trademark is awarded to the registrant who first applies. However, in 2019 amendments to China’s trademark legislation resulted in drastic changes for trademark disputes. . China’s Trademark System.

Registering Trademarks 103

Registering Trademarks Trademark Registration Branding 103

IPilogue

OCTOBER 19, 2021

Last December , Cookie Department accused Hershey-owned company One Brands LLC of copying one of their trademarks in a California federal court lawsuit. One Brands sold a product labelled “Tough Cookies Only” which Cookie Department argued infringed on its “Tough Cookie” trademark.

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

LexBlog IP

APRIL 27, 2023

Consistent with the most recent amendments in 2019, the current proposed changes aim to continue the Government’s efforts to combat bad faith filings, protect genuine brand owners as well as the general public from problems caused by trade mark pirates, and deal with the overcrowded trade mark register.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

Intellectual Property Office Blog

NOVEMBER 28, 2022

Copyright © Hornit, 2019. He described how this has allowed him to work with brand protection consultancy, SnapDragon to carry out searches of digital markets for counterfeit versions of the CLUG. So, you have a brand and a product, what next? So, you have a brand and a product, what next? Hornit's children's bikes.

IP 103

IP Business Branding Brands 103

Erik K Pelton

DECEMBER 8, 2020

23, 2019). But now that they are imminent, the most important thing that brand owners should know is: Filing new applications – or renewals if eligible – in December 2020 will save you money. For details on how to check if your trademark registration is eligible for renewal filing now, see my video here. Current Fee.

Trademark 184

Trademark Registration Branding Brands 184

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! When Congress passed the CARES Act in late March, it featured provisions allowing the USPTO to extend some deadlines for applicants and registrants for a few months.

Trademark 130

Trademark All Rights Reserved Registration Branding 130

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

IPilogue

SEPTEMBER 22, 2021

In May 2019, Marc Jacobs Trademarks L.L.C. MJT) applied to the United States Patent and Trademark Office (USPTO) seeking registration for use of the word “THE” on clothing, handbags, and related goods. As a result, OSU was informed in September 2019 that MJT’s application may bar theirs from registration.

Trademark 105

Trademark Branding Brands Branding 105

LexBlog IP

OCTOBER 25, 2022

The only difference is that I recognized it under the Kwik Star brand name. What’s more, QuikTrip would register its first trademark in 1994, making QuikTrip “quick on the draw” for trademark registration. In my native state of Iowa, Kwik Trip had been present my whole childhood.

Registering Trademarks 52

Registering Trademarks Branding Brands Branding 52

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

The TTABlog

OCTOBER 18, 2023

The Board denied a petition to cancel a registration for the mark TORPEDO JUICE for "Alcoholic beverages, except beer; Gin; Liquor; Rum" because Petitioner Oregon Grain failed to prove prior trademark rights in support of its Section 2(d) claim, and failed to provide any evidence to support its nonuse claim.

Branding 67

Branding Brands Branding Registration 67

Intepat

JUNE 5, 2023

On the other hand, New Delhi-based Resilient Innovations Private Limited (Defendant) is a relatively new company known for its brand BharatPe. Background In 2018, PhonePe sent a cease and desist notice to the Defendant, requesting that they cease using the brand name with the ‘Pe’ component written in the Devanagari script.

Trademark 52

Trademark Cease and Desist Branding Brands 52

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

The TTABlog

APRIL 11, 2023

and which owns Registration No. which calls the CAT mark the 'cornerstone of the company’s brand portfolio.' The Board found that Puma's third-party registration evidence failed to show any conceptual weakness in the inherently distinctive standard-character CAT word mark. Double Coin Holdings , 2019 USPQ2d 377409, at *7.

Registration 66

Registration Advertising Advertising Blogging 66

SpicyIP

AUGUST 16, 2023

FL 2027 variety of potatoes are used to manufacture chips for the “Lay’s” brand. Apart from these suo motu corrections, the Registrar did not reject the application for lack of proper clear and complete documents and carelessly proceeded with the grant of registration. a group company of Pepsi Inc.

Registration 98

Registration Settlement Branding Brands 98

The IPKat

MAY 16, 2022

The opposition was based on several earlier marks, including an Italian figurative mark with a word element “ZARA”, registered in Class 30, and an international registration for “LE DELIZIE ZARA”, registered in Classes 29 and 30. From the BoA decision (R 2040/2019-4, para. Inditex appealed to the General Court ( T-467/20 ).

Registration 93

Registration Branding Brands Branding 93

LexBlog IP

DECEMBER 14, 2022

Unlike a standard trade mark application (which is generally prepared and lodged by the owner of a specific brand), certification trade mark applications are often made by a representative of the industry group that is responsible for the regulation of the characteristics of the relevant goods and/or services.

Registration 52

Registration Branding Brands Branding 52

43(B)log

JANUARY 5, 2024

In 2019, defendants launched the “Florida Online School,” abbreviated “FLOS.” Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. registrations with graphical elements The “Florida Online School” mark included an image of a Florida panther.

Branding 57

Branding Brands Branding Marketing 57

LexBlog IP

OCTOBER 28, 2021

As of June 2019, the definition of a registrable trademark in Canada expanded to include various distinguishing features, known as non-traditional marks. Since mid-2019, over 1000 Canadian trademark applications have been filed in the non-traditional categories. TMA601833).

Trademark 52

Trademark Intellectual Property Branding Brands 52

The IPKat

NOVEMBER 30, 2023

by Javohir Kurbonov and Khalil Jurayev In the realm of intellectual property, the undue registration of well-known trademarks poses significant challenges to the owners. In 2019, pursuant to a presidential decree , the Ministry of Justice was authorized to conduct an inventory of all registered trademarks.

Trademark 60

Trademark Registration Intellectual Property Government 60

Indiana Intellectual Property Law

AUGUST 4, 2021

Introduced in 2019, founder Peggy Johns claims to have invented egglife egg white wraps, using a now patented method ( U.S. Since 2019, Egglife has allegedly invested $5 million dollars in the Egglife brand and is on pace to reach $30 million in retail sales in 2021. Trademark Registration Nos. 10,194,669 ).

Social Media 52

Social Media Branding Brands Branding 52

The IPKat

OCTOBER 16, 2022

This registration had a tumultuous road on route to registration: historical disputes, conflicts with trade marks, a legal reform and two separate GI applications. The application for registration of “Couteau Laguiole” asserts that the Laguiole cutlery industry was revived by bringing cutlers from Thiers.

Registration 114

Registration Art Branding Brands 114

IP Tech Blog

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Since then, giant companies all over the world ? especially in the IT, entertainment and fashion businesses ? Other countries are lagging behind.

Design Patent 57

Design Patent Designs Design Patent 57