The IPKat

OCTOBER 21, 2021

According to that directive, from 1 January 2022, the CNIPA will only provide an electronic version of trade mark registration certificates. As strange as it may sound in today’s world of electronic formality, ‘paper’ is a big deal for the registration process in China. 1574) was launched.

Registration 116

Registration Intellectual Property Government Business 116

Plagiarism Today

FEBRUARY 24, 2022

However, H&M felt that there was an error in Unicolors’ copyright registration. According to H&M, the registration was invalid as Unicolors registered the work as part of a collection when it should have been a separate registration. . Why This Case is Important. If you are a U.S.-based For example, the U.S.

Registration 218

Registration Copyright Infringement Copyright Blogging 218

Intellectual Property Law Blog

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Id, section 1206. In particular, Section 1213.2

Registration 130

Registration Designs Design Copying 130

Plagiarism Today

APRIL 7, 2022

It’s a confusing question with no easy answer, but it’s an issue that puts the copyright registration of every website at risk. The Registration Wrinkle. However, the key one for this article deals with the copyright registration FDN obtained over the work. In the United States, a registration with the U.S.

Publishing 240

Publishing Registration Social Media Copyright 240

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. 3d 1298, 2020 U.S.P.Q.2d 2020), cert. Meenaxi Enterprise, Inc.

Registration 98

Registration Marketing Marketing Brands 98

Erik K Pelton

MARCH 16, 2021

TTAB filing increases have moderated some lately, but they always lag a year or more; given the increased applications and record number of registrations, a rise in TTAB filings seem inevitable to me in the near future. the vast majority (3/4) of applications come from applicants who submit 10 or less applications.

Registration 246

Registration Publishing Trademark 246

The TTABlog

NOVEMBER 24, 2021

The USPTO has issued its final regulations under the Trademark Modernization Act of 2020. pdf of Act here ]. The new rules [pdf here ] go into effect on December 18, 2021 , except for the implementation of the shorter response period for office actions, which will go into effect on December 1, 2022. Read comments and post your comment here.

Trademark 89

Trademark Registering Trademarks Registration Business 89

IP and Legal Filings

FEBRUARY 8, 2023

Indian Copyright Registration The Indian Copyright Office is similarly confused how to handle such requests. As previously reported, the copyright office rejected an application in 2020 that claimed AI (RAGHAV) who was only/sole author of the artwork. [i] In this case, the copyright office allowed registration.

Registration 92

Registration Art Copyright Artwork 92

IP Watchdog

AUGUST 16, 2021

Recently, USPTO Commissioner for Trademarks David Gooder wrote on the USPTO Director’s Forum Blog that registrations for U.S. trademarks are up 63% from the same period in 2020. The USPTO received over 92,600 trademark applications in December 2020 alone. First Action Pendency (months) in Q1 of 2020 was 2.8

Trademark 139

Trademark Registration Blogging Branding 139

The IPKat

SEPTEMBER 9, 2021

Late last month (August), the Kampala Protocol on voluntary registration of copyright and related rights within the framework of the African Regional Intellectual Property Organization (ARIPO) was adopted at a Diplomatic Conference held in Kampala, Uganda. This post presents some of the highlights of the Protocol. See Article 8.

Related Rights 95

Related Rights Registration Copyright Contracts 95

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. The argument that copyright protection and trademark registration were two different things and lacked connection and that an individual or entity couldn’t own both was wholly incorrect.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

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 90

Registration Trademark Trademark Law Law 90

Erik K Pelton

DECEMBER 8, 2020

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. Post Registration Fees.

Trademark 184

Trademark Registration Branding Brands 184

The IPKat

JULY 28, 2022

A useful timeline of events was provided by Darren Meale in his guestpost concerning last year’s Court of Appeal decision: July 2017: High Court refuses a pre-trial reference to the CJEU as premature [2017] EWHC 1769 (see Retromark Volume II ) February 2018: High Court’s 358 paragraph judgment finding infringement subject to referral questions [2018] (..)

Registration 138

Registration IP Law 138

Plagiarism Today

NOVEMBER 16, 2022

1: Ninth Circuit Affirms Validity of Unicolors’ Copyright Registration on Remand, But H&M Scores Big on Remittitur Calculations. Unicolors won at the district court, but that was overturned over issues with the copyright registration. Let me know via Twitter @plagiarismtoday.

Registration 190

Registration Design Designs Copyright 190

Plagiarism Today

JANUARY 3, 2022

On December 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act or the CASE Act. Though the infringement isn’t in question, the copyright registration is. In the United States, a copyright registration is required before a lawsuit can begin. 1: The Copyright Small Claims Court.

Copyright 242

Copyright Public Domain Registration Social Media 242

Plagiarism Today

JUNE 7, 2022

According to the Yonays, they completed that process and the rights reverted to them in January 2020 and work on Top Gun: Maverick didn’t finish until 2021. 3: Thaler Pursues Copyright Challenge Over Denial of AI-Generated Work Registration. 2: IPTV Pirate Must Pay £963K or 88 Month Prison Sentence Becomes 168 Months.

Registration 172

Registration Artwork Licensing Copyright 172

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

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.

Registration 98

Registration Blogging Copyright Design 98

Patently-O

FEBRUARY 7, 2022

WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. For instance, 55% of global design applications filed in 2020 were by Chinese residents. by Dennis Crouch. In 2015, the US linked its design patent system with Hague — this gives U.S. applicants easier access to the U.S.

Design Patent 144

Design Patent Design Designs Patent 144

Plagiarism Today

SEPTEMBER 29, 2022

Passed into law in 2020 and opening its doors in June 2022, it promises a simple and affordable way to address copyright claims. . In addition to the filing fees, if you require an expedited registration of your work, that is another $50 fee for each work involved. To that end, the CCB upholds many of its promises.

Copyright 191

Copyright Copyright Infringement Registration Plagiarism 191

Erik K Pelton

JUNE 15, 2022

The second tangential way there’s an impact is the USPTO’s “supply chain” And by that, I mean the backlog of trademark filings at the USPTO following the historic filing rush of 2020, which grew even more historic at the end of 2020 and early 2021.

Trademark 147

Trademark Registration Brands Branding 147

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

The IPKat

AUGUST 30, 2021

Background Senso-Rex (the appellant) successfully obtained a UK trade mark registration for the word mark “GRAVITY” for goods in Class 10 (therapeutic weighted blankets and blankets for medical purposes) of the Nice Classification. The definition of an international trade mark is found in section 53 of the same Act.

Registration 120

Registration IP Intellectual Property 120

Technology & Marketing Law Blog

JANUARY 9, 2022

I found 166 cases in 2021 (so far), a 23% increase over 2020. Individual emoji symbols can obtain copyright registrations… sometimes. When the symbols “include something in addition to common tropes and shapes,” and even then, the registrations should only preclude verbatim copying. When exactly?

Law 145

Law Registration Settlement Litigation 145

The IPKat

SEPTEMBER 14, 2021

Australia’s Parliament has recently passed the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 to allow designers more flexibility and simplify the designs system. Tyrone Berger , reports on what he calls "long-awaited changes" to the design law of Australia. Royal Assent was granted on 10 September 2021.

Design 128

Design Designs Intellectual Property Social Media 128

Erik K Pelton

MAY 28, 2024

trademark registrations and have been involved in dozens of disputes before the Trademark Trial and Appeal Board (“TTAB”). trademark registrations. Mr. Pelton supervised the Trademark Clinic at Howard University School of Law from 2020 to 2024 and has been an adjunct trademark law professor at Georgetown University since 2023.

Registration 147

Registration Trademark Business Reporting 147

Patently-O

OCTOBER 8, 2021

. § 1064(3) for determining whether a registered trademark has “become” generic applies where a term originated as generic before registration. This is an interesting new trademark petition that suggests some nuance from the Court’s 2020 decision in BOOKING.COM. Petition ].

Trademark 136

Trademark Registering Trademarks Licensing Design Patent 136

JD Supra Law

DECEMBER 3, 2021

In the waning days of 2020 and in the heights of the COVID-19 pandemic, Congress passed the Trademark Modernization Act. often foreign-based) registrations. often foreign-based) registrations. The USPTO has now issued its final rule on those changes. Most of the changes will kick in during December 2021, By: Brooks Pierce

Trademark 96

Trademark Registration Patent 96

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

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

Plagiarism Today

OCTOBER 24, 2022

In 2019, it was due to road work on my street and both 2020 and 2021 due to the pandemic. However, it lapsed into the public domain in 1953 after the owners failed to renew their copyright registration, which was required at the time. However, for the past few years, the haunt has been closed.

Copyright 254

Copyright Public Domain Copying Copyright Notice 254

The IPKat

AUGUST 31, 2024

It seems that the Laguiole saga [covered by The IPKat here , here , here and here ] is far from over: the Appeal Court of Aix-en-Provence has recently cancelled the registration of “Couteau Laguiole” (Laguiole knife) as a French geographical indication (GI) because the consumers would be confused as to the knives’ geographical origin.

Registration 104

Registration Intellectual Property Art Litigation 104

SpicyIP

JULY 1, 2021

As per the Annual State of Education Report (ASER) survey findings in September 2020 (covering 52,227 rural households with school age children in 30 States and Union Territories), around 20% of rural children across the country have no textbooks at home. This shows how digitising access to textbooks can improve accessibility. Section 2.2(iv)

Ownership 133

Ownership Copyright Publishing Government 133

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .”

Registration 132

Registration Fair Use Copyright Designs 132

Biswajit Sarkar Copyright Blog

SEPTEMBER 12, 2023

Similarly, in the early 1980s, Taco John’s, a regional fast-food chain based in Wyoming, filed an application for registration of the trademark ‘Taco Tuesday’. In 1989, the United States Patent and Trademark Office (USPTO) granted the registration with Registration no. 1572589 under Class-43 in favor of Taco John’s.

Registration 98

Registration Trademark Business IP 98

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 Brands 117