Kashishipr

SEPTEMBER 8, 2021

However, one should keep in mind that the Trademark Rights arise out of use or maintenance of the exclusive rights concerning some specific products or services. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement. Generic Trademark.

Trademark 105

Trademark Registration Branding Brands 105

SpicyIP

APRIL 4, 2022

They claimed that in March 2020, the defendant launched a syrup/sharbat ‘Dil Afza’ with a mark, get-up and design deceptively similar to that of the plaintiff’s. The defendant, on the other hand, argued that they had filed for registration of their mark ‘Dil Afza’ in 2018, claiming that the same has been in use since 1949.

Trademark 119

Trademark Registration Trademark Law Branding 119

Erik K Pelton

MAY 28, 2024

trademark registrations and have been involved in dozens of disputes before the Trademark Trial and Appeal Board (“TTAB”). In addition to representing myriad small business trademark owners, EMP&A itself is a small business and the owner of more than a dozen U.S. trademark registrations.

Registration 147

Registration Trademark Business Reporting 147

SpicyIP

SEPTEMBER 16, 2024

The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. Ameya Vinod Khopkar Entertainment (2020) over “De Dhakka”. A Lot is a Name! Lyca Productions v.

Registration 105

Registration Television Trademark Trademark Law 105

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

IP and Legal Filings

JANUARY 11, 2024

Although scents are implicitly included in the Act’s protection of trademarks, the U.S. Patent and Trademark Office (USPTO) has stringent procedures for scent trademark registration. The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks.

Trademark 100

Trademark Intellectual Property Branding Brands 100

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.

Non-Fungible Tokens 95

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 95

IP and Legal Filings

FEBRUARY 20, 2023

However, the same process does not include any examination or verification to determine whether the domain name is distinctive or capable of distinguishing itself from the competition, i.e., existing domain names that are clearly in violation of trademark law.

Trademark 96

Trademark Registering Trademarks Registration Trademark Law 96

IP and Legal Filings

NOVEMBER 23, 2024

It uses blockchain technology to ensure product authenticity and streamline its supply chain making the trademarked products traceable and verifiable. Apple It adopts an overarching global strategy on trademark protection, which encompasses the following major tactics. 52 trademark for liver tonic products.

Branding 96

Branding Brands Branding Technology 96

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.

Trademark 89

Trademark Registering Trademarks Registration Intellectual Property 89

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 77

Trademark Registration Trademark Law Law 77

JD Supra Law

MAY 19, 2022

The Trademark Modernization Act of 2020 (TMA) was signed into law on December 27, 2020. The TMA amended the federal trademark law (known as the Lanham Act) to provide new tools to address abuses of the US trademark registration process. By: Levenfeld Pearlstein, LLC

Trademark 52

Trademark Business Trademark Law Registration 52

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

Garrigues Blog

OCTOBER 22, 2024

Background of the case: The series Emily in Paris and the character Pierre Cadault The series Emily in Paris has been a global success: it premiered in Europe on October 2, 2020, was renewed by Netflix for a second season in November 2020 and then for a third and fourth season in January 2022.

Trademark 52

Trademark Registration Intellectual Property Social Media 52

The TTABlog

MARCH 2, 2022

Slade and yours truly, The TTABlogger , will present a webinar entitled "What Non-US Practitioners Need to Know About US Trademark Law and the Recent Trademark Modernization Act ("TMA")," on March 10th from Noon to 1 PM EST , sponsored by Wolf, Greenfield & Sacks, P.C. Admission" is free. Register here.

Trademark Law 40

Trademark Law Trademark Law Registration 40

The TTABlog

FEBRUARY 24, 2022

Slade and yours truly, The TTABlogger , will present a webinar entitled "What Non-US Practitioners Need to Know About US Trademark Law and the Recent Trademark Modernization Act ("TMA")," on March 10th from Noon to 1 PM EST , sponsored by Wolf, Greenfield & Sacks, P.C. Admission" is free. Register here.

Trademark Law 40

Trademark Law Trademark Law Registration 40

IPilogue

AUGUST 2, 2021

European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Hasbro v EUIPO. In 2015, Doga?aji’s

Trademark 59

Trademark Registration Trademark Law Intellectual Property 59

IP and Legal Filings

AUGUST 11, 2023

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] 4] Second, the qualification for registering a trademark, both traditional and non-traditional, essentially remains the same.

Trademark 90

Trademark Registration Intellectual Property Intellectual Property Law 90

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

Government 147

Government Business Trademark Blogging 147

Technology & Marketing Law Blog

DECEMBER 11, 2023

Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face. This is not just a new standard in trademark law, but a new standard for this ancient and important literary form. App’x 16 (2d Cir. trades in on the goodwill of Dr. Seuss. 2294 (2019).

Blogging 130

Blogging Trademark Branding Brands 130

The IPKat

JUNE 12, 2022

Generally speaking, such applications would be refused registration in that they inter alia fail to perform their basic function – namely to indicate commercial origin. What public policy is must be laid down expressly in law. Let’s see more in detail what this case is about and what INTA’s take consists of.

Registration 94

Registration Intellectual Property Law Trademark Law 94

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. 57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.”.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

DuetsBlog

MAY 4, 2020

Had I known that law school would follow pharmacy school , perhaps a few years could have been saved in the serial approach to my 80s educational decade. And, if a deep focus on trademark law had been in the crystal ball at the outset, shaving a full three years would have been possible, but believe me, no regrets.

Branding 56

Branding Brands Branding Trademark Law 56

SpicyIP

JANUARY 23, 2023

Aparajita discusses the key arguments made by Pfizer/ BioNTech in her piece and raises question on enforceability of Moderna’s patents in light of its 2020 patent pledge. This post was originally published in Bill of Health , the blog of Petrie-Flom Center at Harvard Law School. Such a decision cannot sustain the scrutiny of law.

Design 105

Design Designs Invention Registration 105

IP and Legal Filings

OCTOBER 23, 2023

Firstly, the basic step towards protecting trademarks in online marketplaces is to register them with the Trademark Registry. The registration of trademarks provides legal protection and remedies in case of infringement. 9] Draft Amendments to the Consumer Protection (E-Commerce) Rules, 2020. 344/2018]. [6]

Marketing 94

Marketing Marketing Trademark Registration 94

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].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

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. Scott discusses this topic with Josh Escovedo in an episode of The Briefing by the IP Law Blog.

Trademark 85

Trademark Branding Brands Branding 85

IP and Legal Filings

MARCH 28, 2024

Many film titles or names like Dhoom (ID: 1319835), Padman (ID: 3749859), 3 Idiots (ID: 1940729), and Singham (ID: 3672533), have been registered as a service mark under class 41, of the fourth schedule of the Trademark Rule, 2001. These registrations aid in allocating precedence. This idea sort of gets the job done of a copyright.

Cinema 90

Cinema Copyright Blogging Registration 90

IP and Legal Filings

FEBRUARY 7, 2023

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. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 93

Trademark Non-Fungible Tokens Branding Brands 93

IP and Legal Filings

OCTOBER 31, 2023

However, using a generic term as a trademark is a tricky play, SUN is a good example of an arbitrary trademark reason being as it is used for computer products and its extensive use has acquired distinctiveness. Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1).

Trademark 59

Trademark Trademark Law Registration Fair Use 59

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. ” Judgment.

Registration 71

Registration Trademark Trademark Law Marketing 71

The TTABlog

JULY 2, 2021

Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out? Precedential No. Guess What? Guess What?

Registration 52

Registration Design Designs Trademark 52

Garrigues Blog

DECEMBER 10, 2024

Acquired distinctiveness is a powerful tool that enables a mark, that would otherwise fall short of the minimum distinctiveness threshold to be registrable as a trademark, to be protected as such. Acquired distinctiveness is a fundamental concept in trademark law. In a similar case involving EU trademark no.

Trademark 52

Trademark Intellectual Property Registration Marketing 52

Technology & Marketing Law Blog

JUNE 8, 2024

.” To me, this sounds like saying someone obtained a protectable trademark for “California Burrito” or “Arizona Taco”–possible in theory, I guess, but dubious in practice. ” But the trademark registration was over 5 years old, so it had become “incontestable.” ” Uh oh.

Trademark 129

Trademark Advertising Advertising False Advertising 129

IP and Legal Filings

DECEMBER 23, 2023

However, a caveat to this is that the use of a similar mark can still be permitted on different products or services, though it may not be eligible for registration as a domain name. [3] It also held that when possessor of a trademark has prior and exclusive usage, they not only possess superior title but also absolute ownership.

Trademark 52

Trademark Registration Trademark Law Business 52

LexBlog IP

APRIL 10, 2023

For example, the United States Patent and Trademark Office (USPTO) is responsible for rules governing federal trademark registration for product and service identification and for issuing patents to inventors, regardless of where the business is located.

Intellectual Property 52

Intellectual Property Intellectual Property Law Registration Trademark 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]. A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset.

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52