2019 Registration Trademark Law 
Patently-O
FEBRUARY 3, 2023
The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment. The phrase comes from Lizzo’s 2017 song Truth Hurts (remade in 2019) that has become a viral sleeper hit.
IP and Legal Filings
JANUARY 26, 2023
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.
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SpicyIP
MARCH 20, 2023
According to Duff and Phelps, and CII’s joint report in 2019 on IP-backed financing, the proportion of tangible assets in the market value of Standard and Poor’s 500 firms has declined from over 80 percent to under 20 percent in the past three decades, thus signifying the rising contribution of intangible assets.
IP Watchdog
APRIL 4, 2022
On February 14, 2022, the China National Intellectual Property Administration (CNIPA) issued a notice regarding “clout-chasing” trademark applications or registrations (the “Notice”). In fact, clout-chasing, a specific type of bad-faith trademark application, has become much more prevalent in recent years.
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.
IP and Legal Filings
SEPTEMBER 16, 2021
Global and Indian laws concerning smell trademarks. While several countries have allowed the registration of smell marks, laws concerning the registration of smell marks are largely inchoate. Thus, Court decisions and the USPTO have time and again granted the registration of smell marks.
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?®.
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