IP and Legal Filings

NOVEMBER 27, 2024

However, in some rare instances there are some other peculiar forms of trade mark registrations as well. These are not the most conventional forms of registrations and are often accounted for a higher degree of proof due to their nature. There are numerous issues that may arise for the registration of smell mark.

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Trademark Registration Branding Branding 52

Erik K Pelton

DECEMBER 31, 2021

Top Trademark Trends of 2021. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. The TMA was passed as part of the COVID relief bill in December 2020. By Erik Pelton®.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

Corsearch

MARCH 11, 2021

Did you know that in 2020, over 46,000 trademark applications were filed in Class 5 (Pharmaceuticals and Medical Supplies) in the USPTO and the EUIPO?

Trademark 98

Trademark Registration 98

Erik K Pelton

JUNE 15, 2022

The following is an edited transcript of my video How Does the Supply Chain Impact the World of Trademarks? I challenged myself to think about how does the supply chain impact trademarks? But, there are a couple of tangential ways that it does impact the world of trademarks.

Trademark 147

Trademark Registration Branding Brands 147

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.

Trademark 89

Trademark Registering Trademarks Registration Business 89

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.

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Registration Publishing Trademark 246

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

The IPKat

APRIL 23, 2022

Here's what Anna Maria and Lorenzo write: Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing by Anna Maria Stein and Lorenzo Maniaci Ambush Kat By its decision No. 16 of 11 March 2020 ('Law-Decree No. 16/2020'), converted with amendments, by Law No.

Advertising 98

Advertising Advertising Marketing Marketing 98

IP Spotlight

DECEMBER 31, 2020

The USPTO recently released its FY2020 Performance and Accountability Report , with contains helpful information about allowance rates, average pendency, and other statistics about its review of patent and trademark applications this year. The total number of nonprovisional patent applications filed dropped by about 2%, to 653,311 in 2020.

Editing 76

Editing Trademark Patent Patent Application 76

Patently-O

OCTOBER 8, 2021

It is a generic term, and not a trademark – in Australia. ” UGG is a registered trademark in the USA, now owned by Deckers Outdoor Corp. .” ” UGG is a registered trademark in the USA, now owned by Deckers Outdoor Corp. Petition ].

Trademark 136

Trademark Registering Trademarks Licensing Design Patent 136

JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. The Decision. Justice Breyer disagreed with the majority’s decision, specifically (1) that placing “.com”

Trademark 98

Trademark Registration Trademark Law Advertising 98

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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Registration Trademark Trademark Law Law 98

IP and Legal Filings

JANUARY 27, 2023

Despite the fact that the duration of protection varies, a trademark can be renewed in perpetuity by paying additional fees after the first term has expired. In a larger sense, trademarks stimulate initiative and entrepreneurship by providing their owners with renown and financial reward.

Trademark 98

Trademark Registering Trademarks Registration Intellectual Property 98

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. The recent trends have seen an increase in the filing of trademark applications by various proprietors. The Trademark Modernization Act. Change in trends.

Trademark 98

Trademark Due Diligence Registration Business 98

IP Watchdog

FEBRUARY 2, 2022

Court of Appeals for the Federal Circuit ruled earlier today that a stylized form of the trademark for the.SUCKS domain name failed to create a “separate commercial impression” warranting registration by the U.S. Patent and Trademark Office (USPTO). Vox Populi Registry Ltd.

Registration 80

Registration Trademark Patent Intellectual Property 80

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.

Trademark 105

Trademark Registration Branding Brands 105

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. 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. Plaintiff’s Arguments.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

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 Branding 98

JD Supra Law

JULY 27, 2021

The new ex parte expungement and reexamination proceedings, introduced by the Trademark Modernization Act, are intended to be efficient ways of removing improper trademark registrations from the register. But will expungement or reexamination always be the best strategy for challenging a trademark registration?

Trademark 64

Trademark Registration 64

SpicyIP

APRIL 4, 2022

Limited refused to grant an interim injunction in favour of the plaintiff in a case of trademark infringement concerning the plaintiff’s mark ‘Rooh Afza’ and the defendant’s mark ‘Dil Afza’. The plaintiff claimed that they have been using the mark for more than 100 years and had first registered their mark in 1942.

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Trademark Registration Trademark Law Branding 119

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.

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Trademark Registration Patent 96

The TTABlog

JULY 12, 2021

Tomorrow I will be presenting a webinar, along with Ted Davis, for the New York Intellectual Property Law Association, on recent trademark cases in the courts and at the TTAB. Here (pdf) is an article I prepared, briefly summarizing the precedential decisions of the CAFC and the TTAB over the past twelve months.

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Registration Intellectual Property Law Trademark Intellectual Property 75

Erik K Pelton

DECEMBER 28, 2020

The following is an excerpt from my video, The Many Pieces of a USPTO Trademark Application. Have you ever looked at the USPTO Trademark Application Form online? And also in the trademark forms, there are a lot of nuanced and important decisions that have to be made. Do you own it as a person, the trademark application?

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Trademark Registration Business Blogging 130

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.

Trademark 95

Trademark Registration Trademark Law Law 95

Likelihood of Confusion

FEBRUARY 2, 2022

There we were, all locked down in our houses and not going to the INTA Annual Meeting, and there was a Trademark Modernization Act! The post Trademark Modernization Act! Probably a very good. appeared first on LIKELIHOOD OF CONFUSION™.

Trademark 98

Trademark Registration 98

Erik K Pelton

JULY 28, 2020

A few weeks ago, the USPTO published a Notice of Proposed Rulemaking to adjust fees for trademark filings. According to a 2013 report from WIPO, small and medium-sized enterprises rely on trademarks much more than patents. The deadline of August 3, 2020 is too soon and more widespread notice ought to be considered.

Trademark 130

Trademark Business Social Media Reporting 130

Corsearch

JANUARY 28, 2021

For IP professionals and trademark owners, Brexit and the EU-UK Trade and Cooperation Agreement , agreed to on December 24, 2020, impacts both the right to access EU markets and the registration of trademarks. In this article, we examine what the Brexit deal will mean for IP professionals and trademark owners.

Trademark 83

Trademark IP Registration Marketing 83

IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 98

Corsearch

SEPTEMBER 9, 2021

Did you know that trademark activity in Switzerland’s registry grew by 11% in 2020 when compared to the previous year? This significant increase in filing volumes has resulted in a need for fast and reliable Swiss trademark screening, search, and clearance solutions — to better serve a growing Swiss market.

Trademark 103

Trademark Marketing Marketing Registration 103

Erik K Pelton

JULY 11, 2023

The following is an edited transcript of my video Data Demonstrates the Value of a Trademark Attorney. I was pleased to see the following empirical data that working with a trademark attorney improves the odds of success for a trademark application. That number shot up to 81% of the time when working with an attorney.

Trademark 100

Trademark Journalism Editing Registration 100

SpicyIP

FEBRUARY 17, 2023

Image from here Imagine a world where all numbers from 0 to 9 and their infinite permutations and combinations can be trademarked. Facts in brief: The plaintiff applied for registration of the word and device marks 91 and Ninety One to be used on bicycles and accessories of bicycles. Singh on this matter.

Trademark 121

Trademark Registration 121

IPilogue

DECEMBER 6, 2021

On October 5, HBC filed a statement of claim at the Federal Court of Canada against a Quebec family for trademark infringement, depreciation of goodwill, and passing off. The Zellers Trademark: Then and Now. This registration covered, among other services at Zellers, the overall “operation of department stores”.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

IP and Legal Filings

JANUARY 11, 2024

INTRODUCTION Trademarks are vital part of modern day commerce because they act as distinctive and unique symbols that enable consumers to recognise and distinguish goods and services offered by different providers. Image Sources: Shutterstock] The primary legislative basis for smell trademark regulation in the US is the Lanham Act.

Trademark 105

Trademark Intellectual Property Branding Brands 105

IP and Legal Filings

JUNE 10, 2024

PepsiCo had registered the tagline “For the Bold” as a trademark in 2013 for its Doritos tortilla chips and used it extensively for promotions when it was launched in India in 2015. In November 2020, when PepsiCo got to know that the tagline for B-Fizz was “Be the Fizz! For the Bold!”, For the Bold!” on “proposed to be used” basis.

Trademark 98

Trademark Advertising Advertising Registering Trademarks 98

JD Supra Law

JULY 6, 2021

Before a mark can become registered in the United States, a trademark applicant must usually provide evidence that its mark is in use. Furthermore, to maintain the trademark registration the registrant must periodically show it is still using the mark in commerce. To address these issues, Congress enacted The Trademark.

Trademark 55

Trademark Registration 55

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 98

Trademark Non-Fungible Tokens Branding Brands 98

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 Business Trademark Reporting 147