IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

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Trademark Registering Trademarks Art Cease and Desist 104

IP and Legal Filings

DECEMBER 6, 2021

With growing businesses atmosphere and more strong due diligence in terms of getting aware of their rights, there has been a huge influx in registering of their IP assets. 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.

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Erik K Pelton

MAY 28, 2024

The following are the comments our firm submitted today regarding the USPTO’s proposed trademark fee changes and increases: Docket No.: Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. trademark registrations.

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Registration Trademark Business Reporting 147

JD Supra Law

DECEMBER 30, 2021

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect.

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Trademark Registering Trademarks Registration Business 52

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Image Source: IStock].

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Trademark Contracts Intellectual Property Registering Trademarks 52

LexBlog IP

DECEMBER 29, 2021

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect. ” Summaries of the new procedures and the changes to existing procedures are located on the USPTO’s website , and we previously blogged about them here and here.

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Trademark Registering Trademarks Blogging Registration 52

IPilogue

MARCH 20, 2023

On November 2, 2022, the Ontario Superior Court of Justice ruled that goodwill does not exist when the registered trademark has not been used. v 2788610 Ontario Inc (“ Bhagwani ”) upheld trademark principles which state that an enforceable right does not exist on the mere filing of a trademark application absent use of the mark.

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Trademark Social Media Registering Trademarks Trademark Law 105

IP and Legal Filings

JULY 28, 2022

The history of the federal trademark law is almost as old as the Constitution. On July 8, 1870, the Federal Trademark was enacted as the first US Federal law to protect the trademarks. In its place, a trademark law on March 3, 1881, was enacted that targeted the trademarks used in interstate commerce.

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Trademark Registration Trademark Law Law 70

IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.

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Trademark Law Trademark Law Service Mark 92

Above the Fold

DECEMBER 29, 2021

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect.

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Trademark Registering Trademarks Blogging Registration 52

LexBlog IP

MARCH 10, 2022

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Below are the most notable changes made by the TMA and key takeaways for trademark practitioners and brand owners. New Procedures for Challenging Registered Trademarks and Pending Applications.

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Trademark Registration Intellectual Property Intellectual Property Law 52

Corsearch

FEBRUARY 14, 2023

The average US consumer is planning to spend $192 on Valentine’s Day gifts in 2023, up by 8% from 2022 – and just shy of 2020’s record ($196), according to The National Retail Federation [2]. Can you trademark a holiday name? A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset.

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Trademark Non-Fungible Tokens IP Branding 52

LexBlog IP

DECEMBER 12, 2021

In 2021, trademark filings for non-fungible tokens (“NFTs”) reached a record high. The high volume trademark filings represent explosive interest in the new digital asset economy, digital art, and Web3. How Many NFT Trademarks Were Filed in 2021? In contrast, 2020 saw only a paltry 15 separate NFT trademark filings.

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Non-Fungible Tokens Trademark Registering Trademarks Art 52

LexBlog IP

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

Trademark 52

Trademark Registering Trademarks Art Cease and Desist 52

43(B)log

AUGUST 19, 2021

By August 2020, CasperLabs had begun referring to its blockchain protocol and forthcoming token as “Casper.” It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Their agreements terminated in late 2019.

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Registration Social Media Trademark Registering Trademarks 72

IP and Legal Filings

OCTOBER 28, 2022

Most significantly, “the development of blockchain technology” has been accepted as a legal business activity by the Indonesian standard industrial business categorization code, which was published in 2020. 5 of 2020, dated November 16, 2020, regarding ESP in the Private Sector, as amended by MOCI Regulation No.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 89

SpicyIP

SEPTEMBER 13, 2021

I covered the recommendations of the Report which includes reforming Section 3(p) of the Patents Act to incentivize TK-based innovation, creating a proper documentation mechanism to prevent misappropriation of TK, and registration of traditional knowledge as GIs. September 6, 2021]. An article on Scroll.in The Ministry had claimed that 14.2

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Reporting Registration Trademark Registering Trademarks 82

LexBlog IP

NOVEMBER 24, 2021

When preparing a trademark application, a significant amount of attention is often given to the drafting of the specification of goods and services. intends to assign the trademark to a corporation to be incorporated. intends to assign the trademark to a corporation to be incorporated. Pham v Insight.

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Ownership Trademark Registration Registering Trademarks 52

Biswajit Sarkar Copyright Blog

JULY 19, 2023

Trademarks play a vital role for small and big businesses across the globe, serving a unique identity to the products and services of the business. The status of well-known trademark is not granted based on mere unfounded hearsay. This is the reason we have popularly know some trademarks like WIPRO, Cadbury, Parle G etc.

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43(B)log

SEPTEMBER 13, 2022

Activision sought to register trademarks for WARZONE and CALL OF DUTY WARZONE, which Warzone.com opposed. Eventually, this declaratory judgment/counterclaims for trademark-related claims resulted. Given this result, the court had no authority to decide whether Activision’s pending applications should proceed to registration.

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Registering Trademarks Trademark Registration Marketing 59

43(B)log

JANUARY 5, 2024

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. But trademark confusion?

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Branding Brands Branding Marketing 59

The TTABlog

JANUARY 21, 2022

Trademark expert Anne Gilson LaLonde, author of Gilson on Trademarks , has provided her comments on the CAFC's recent Brooklyn Brewery decision [ here ], with errata [ here ], agreeing with Professor J. requires only that the party seeking cancellation believe that it is likely to be damaged by the registration.”).

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Registering Trademarks Trademark Registration Law 56

The IPKat

DECEMBER 16, 2021

Interested readers can find the Africa IP Highlights 2020, here. CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging.

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Copyright IP Ownership Copyright Infringement 89

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. Contentions of Parties.

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Registration Trademark Trademark Law Marketing 66

SpicyIP

DECEMBER 5, 2022

Delhi High Court decreed the suit in favor of the Plaintiff and inter alia directed the Defendant to assign its trademark ‘Saptrishi Sandhi Sudha India’ in favor of the Plaintiff, as undertaken by it in its affidavit. The Plaintiff had filed the suit pending registration of its mark ‘Milaap’ seeking remedy against passing off.

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SpicyIP

AUGUST 7, 2023

Trademark A Division Bench of the Delhi High Court clarifies that a Division Bench is not restricted by the limitations on intra-court appeals u/s 13 of the Commercial Courts Act while hearing a letter patents appeal against an order passed u/s 57. and held that a revocation petition cannot be regarded as a suit. Hero Investocorp Ltd. &

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Copyright Infringement Trademark Law Copyright 90

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Trademarks. The easiest method to accomplish this is to register a trademark. Trademarks encompass Instagram handles, YouTube channels, and user names on numerous social media sites.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

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. To sell the product, using the brand name makes it a trademark. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement.

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Trademark Registration Branding Brands 105

Kashishipr

JUNE 23, 2021

The digital universe is so large that it is said that big data is doubling in size every two years, and by the end of 2020, it is expected to reach 44 zettabytes. Trade secrets are preferred over patents since they are perpetual and involve no legal costs like registration, compliance obligations, disclosure requirements, etc.

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Intellectual Property Invention IP Copyright 98

LexBlog IP

SEPTEMBER 29, 2022

–Penn State Football @PennStateFball on 12/7/2020. I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well.

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Trademark Registration Music Intellectual Property 52

SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India. The court had granted an ex parte ad interim injunction in 2020.

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LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” context to see how various other countries have responded to such challenges as well, not only in copyright but in trademark and patent too.

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Intellectual Property Invention Trademark Copyright 52

IIPRD

SEPTEMBER 17, 2021

A trademark, on the other hand, exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand. After that, registering it as a design under the Design Act would also be difficult because of loss of novelty as per Section 4 of the Designs Act. TRADEMARK.

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LexBlog IP

JUNE 21, 2023

” As one commentator noted, citing examples like Tesla, The Lincoln Project, and others, the prohibition on allowing marks associated with living persons does not apply to historical trademarks: Historical trademarks are trademarks about an event or person from history. .” Section 1209.03(x) Tam , 137 S. ” Id.

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Registration Trademark Law Trademark Law 52

43(B)log

APRIL 15, 2024

GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims.

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SpicyIP

MAY 15, 2023

Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! Image from here The Delhi High Court has recently been remanding back a lot of unreasoned orders from the IP Offices rejecting a patent or trademark application. Registrar to rectify the Register by removal of the impugned mark.

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Trademark Registration Cease and Desist IP 82

SpicyIP

AUGUST 30, 2021

and the socio-legal opportunism of the defendants’ arguments for condonable trademark infringement, set in the backdrop of the ongoing global pandemic. s copyright and registered trademark by thrusting its deceptively similar goods and flooding the high-in-demand but low-in-knowhow market, with its imitation products.

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