Erik K Pelton

DECEMBER 31, 2021

Here are what I found to be the most important trademark issues of the year: Trademark Modernization Act of 2020 (“TMA”) goes into effect. The TMA was passed as part of the COVID relief bill in December 2020. Despite these steps, trademark applicants and registrants continue to be bombarded with scam mailings and communications.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

Plagiarism Today

APRIL 11, 2022

Earlier this month, the ecommerce site Etsy announced that they are launching a new intellectual property portal that they hope will make it easier for brands, creators and other rightsholders to report listings that are infringing on their rights. Users login with their Etsy account and then first register their brand.

IP 242

IP Intellectual Property Reporting Branding 242

IP Spotlight

DECEMBER 31, 2020

Each year, IP Spotlight analyzes this report and, and we update our readers who often ask: how long does it take for a patent or trademark registration to grant? To answer that question: Patents : In 2020 the USPTO’s eight-year trend of reducing patent application pendency continued to trend downward. million.

Editing 76

Editing Trademark Patent Patent Application 76

Kashishipr

SEPTEMBER 20, 2021

It was in October 2020 when SSPL came to know about NTC’s use of a similar label and trade dress for its set of soya bean edible oil products. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. Also, their use was concerning identical goods.

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Registration Artistic Work Copyright Registering Trademarks 98

Erik K Pelton

JUNE 15, 2022

Well, there isn’t a direct impact on trademarks, which is good news because if you are seeking trademark protection or working with your brand, the supply chain shouldn’t impact getting protection. I challenged myself to think about how does the supply chain impact trademarks?

Trademark 147

Trademark Registration Branding Branding 147

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 89

Registration Trademark Trademark Law Law 89

43(B)log

OCTOBER 9, 2023

In December 2020, Deetsch notified Amazon of his patents through the Brand Registry portal and asked Amazon to remove the Lei defendants’ products. He sent two letters by mail in March 2022, but was told he needed to use the Brand Registry … which he had already done. Again, right of publicity would’ve been better.

Advertising 72

Advertising Advertising Branding Branding 72

IPilogue

AUGUST 30, 2021

In the midsummer of 2020, the Supreme Court of the United States rendered an unusual decision in its first telephonic oral argument. The USPTO’s Trademark Trial and Appeal Boards both denied the registration, underscoring that consumers will perceive “Booking.com” as overly generic. Photo by Ian Hutchinson (Unsplash). Booking.com B.V.

Registration 105

Registration Trademark Journalism Intellectual Property 105

Corsearch

FEBRUARY 28, 2024

Read on to learn about: The difference between patents and industrial designs Recent industrial designs registration trends How you can swiftly search for industrial designs with Corsearch What are industrial designs? These and other questions are relevant in assessing registrability potential for patents. in 2020, and 5.8%

Registration 59

Registration Design Designs Intellectual Property 59

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. It recognizes the corporate identity of the brand. To sell the product, using the brand name makes it a trademark. Acquiring Secondary Meaning.

Trademark 105

Trademark Registration Branding Branding 105

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 100

Trademark Intellectual Property Branding Branding 100

azrights

MARCH 15, 2021

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. If an asset is less famous, it is more likely to be mistakenly attributed to a competitor’s brand.

Branding 52

Branding Branding Brands Trademark 52

IP and Legal Filings

JANUARY 27, 2023

In India, Section 47 [iii] of the Trademarks Act defines two situations under which a registered trademark may be revoked: If it can be shown that the trademark was registered without a bona fide purpose to use it, the registration will be invalidated. This is also known as the removal of a trademark from the registry for lack of usage.

Trademark 89

Trademark Registering Trademarks Registration Intellectual Property 89

IP and Legal Filings

AUGUST 11, 2021

The Khadi and Village Industries Commission (KVIC) has secured trademark registration for the brand name “Khadi” in three more countries which were Mexico, United Arab Emirates, and Bhutan. With trademark registration in UAE, it was the first time that the brand gets trademark registration in a gulf country.

Registration 52

Registration Trademark Branding Branding 52

SpicyIP

APRIL 4, 2022

The case decided by a single-judge bench, concerned an allegation of infringement of trademark, disparagement, dilution and tarnishment, damage to reputation, and tarnishment of brand equity filed by Hamdard National Foundation (Hamdard) against Sadar Laboratories (Sadar Labs).

Trademark 119

Trademark Registration Trademark Law Branding 119

The IPKat

JULY 14, 2024

On Friday, the Russian Federal Service for Intellectual Property (Rospatent) announced the registration of a new geographical indication (GI): the "Melitopol Cherry". The registration of the appellation of origin in Ukraine was finalised in September 2020.

Intellectual Property 67

Intellectual Property Registration Branding Branding 67

IP and Legal Filings

DECEMBER 6, 2021

Talking about the United States Patent and Trademark Office (USPTO), the businesses are more into getting a US trademark registration due to its more relevance. Trademarks are important because of their importance in terms of brand management and hence a delay in any process might result in loss of income. Image Source: gettyimages].

Trademark 86

Trademark Due Diligence Registration Business 86

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 117

Registration Art Branding Branding 117

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 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 104

Copying Design Designs Branding 104

The IPKat

DECEMBER 9, 2021

Katfriend Federica Combariati (TM IP Counsel at Assa Abloy) discusses a recent decision relating to AC Milan’s attempt to extend its international trade mark registration for its club logo to the territory of the European Union. InterES… (Yet nothing to do with Inter Milan FC … at least this time!)

Branding 94

Branding Branding Brands Registration 94

Technology & Marketing Law Blog

JULY 26, 2021

It passed in December 2020, when the CASE Act was attached to an unrelated spending/COVID19 relief bill that politically Congress had to pass. Federal courts typically require the copyright owner to have a copyright registration in hand before suing ( see 17 U.S.C. The CCB is a brand-new legal procedure. 881 (2019)).

Copyright 142

Copyright Law Registration Copyright Infringement 142

SpicyIP

SEPTEMBER 16, 2024

Ameya Vinod Khopkar Entertainment (2020) over “De Dhakka”. The viability of title registrations with societies and guilds has also been a major aspect of discussion for film title registrations. These entities generally do a check to avoid duplication before registration, however, such registration lacks legal sanctity.

Registration 105

Registration Television Trademark Trademark Law 105

TorrentFreak

JANUARY 21, 2023

The annual list of popular torrent sites features well-known brands, and this year there are some notable additions. The site’s registrations remain closed, however, and comments are still disabled. The main YTS domain name continues to draw millions of visitors per day. Last year #3 6. Last year 7 7. Last year #NA 9.

Branding 145

Branding Branding Brands Publishing 145

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 Branding Brands Registration 52

GDB Firm Blog

JANUARY 24, 2022

Regulations recently went into effect that will make it easier to challenge existing trademark registrations, in order to cancel registrations that were obtained fraudulently or that are no longer in use. In recent years, the trademark Principal Register has been cluttered with fraudulent trademark registrations.

Trademark 52

Trademark Branding Branding Brands 52

The IPKat

NOVEMBER 12, 2021

As a fan of gin, this guest Kat could not help but notice a recent decision of the UK IPO Opposition division involving two “Hare” brands. The application was published for opposition on 27th March 2020. On 26th June 2020, Whittaker’s opposed part of Little Hare Gin’s application. So let’s take a look at what happened.

Branding 86

Branding Branding Brands Public Domain 86

IP Intelligence

MAY 9, 2024

Color marks are considered inherently nondistinctive for the purpose of eligibility for federal trademark registration. In April 2020, Post Foods LLC (Post) applied to register a trademark for the various colors of its Fruity Pebbles cereal in International Class 30 for “breakfast cereals.” puff rice balls and other shapes).

Advertising 98

Advertising Advertising Trademark Registration 98

The IP Law Blog

MARCH 5, 2021

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. This is commonly referred to as Genericide. Xerox ran an advertising campaign “You can’t Xerox a Xerox on a Xerox.

Trademark 85

Trademark Branding Branding Brands 85

IP and Legal Filings

FEBRUARY 7, 2023

Their rights will be protected thanks to the metaverse brands’ trademarks. According to a Bloomberg Intelligence report [2] , the worldwide revenue opportunity from the metaverse is predicted to hit $800 billion in 2024, up from the estimated $500 billion in revenue generated by the metaverse in 2020. What is the Metaverse?

Trademark 93

Trademark Non-Fungible Tokens Branding Branding 93

The IPKat

APRIL 27, 2022

Last month, the Federal High Court of Nigeria (Abuja division) delivered 2 judgments in two trade mark registration cases involving Fan Milk International A/S (Fan Milk) and Mandarin Oriental Services B.V Mandarin Oriental). The issues for determination In Fan Milk International A/S v Mandarin Oriental Services B.V

Registration 94

Registration Branding Branding Brands 94

TorrentFreak

OCTOBER 25, 2021

appeared in September 2020 when MPA/ACE obtained a DMCA subpoena at a California district court. became apparent in November 2020 when they obtained a DMCA subpoena which required the Tonic domain registry to hand over the personal details of the domain’s registrant. Traffic recently dropped to around 9.7 Indeed, levidia.ch

Copying 143

Copying IP Copyright Copyright Infringement 143

LexBlog IP

APRIL 4, 2022

Colorful Roots LLC, the Opposer, Roots Corporation, relied on several of its trademark registrations of ROOTS and its derivatives. Opposer made of record its four ROOTS trademark registrations as well as the testimony declaration of its Chief eCommerce Officer. In Roots Corporation v. b) Relatedness of the goods.

Trademark 52

Trademark Branding Branding Brands 52

The IPKat

JANUARY 14, 2022

26 [2020], First, Civil, IP, 01, Shaanxi Intermediate People’s Court of Shaanxi Province. To support that, SLC cited the once high-profile J’adore Dior trade mark case in China (IPKat post here ) in which the three-dimensional mark at issue, also a perfume bottle, was not granted trade mark registration at that time.

Law 109

Law Registration Branding Branding 109

The TTABlog

FEBRUARY 16, 2022

Third-party registrations and third-party website evidence showed the same mark used by a single entity for both restaurant services and frozen pizza sold at retail (for example, Uno Pizzeria and Grill). It sells ROMA brand frozen pizza in supermarkets in 29 states. There was no evidence of media recognition or brand awareness.

Advertising 90

Advertising Advertising Registration Branding 90

JD Supra Law

JANUARY 14, 2022

Patent and Trademark Office (USPTO) rules implementing the Trademark Modernization Act of 2020 (TMA) went into effect. The first major overhaul of the Lanham Act since 1998, the TMA introduced new tools to remove unused trademarks from the Register and expedite the overall registration process. By: Sullivan & Worcester

Trademark 58

Trademark Registration Branding Branding 58

IPilogue

AUGUST 16, 2022

August asserts that the Defendant, AirG Inc, a Canadian social media brand, committed copyright infringement by reproducing six of Pugliese’s Jennifer Lopez photos on their website without permission. The Court spent more time analysing the admissibility of the Copyright Certificate of Registration as evidence of Pugliese’s citizenship.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104