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And trademarks have been along for the ride. While there were not, in my opinion, any major court developments affecting trademark owners, there have been many other events and changes that have impacted the world of trademarks over the past 12 months. The year’s biggest story impacted trademarks in a few different ways.
Since 2020, the average time from patent filing to receiving the first action from the U.S. Patent and Trademark Office (USPTO) has risen from 14 months to 21 months, a 50% increase in only five years. It is taking longer to get a patent.
A new report from the Department of Commerce, the agency of which the USPTO is a part, was released last week following its ” audit of the United States Patent and trademark Office’s (USPTO’s) efforts to improve the accuracy of the trademark register” that began in April of 2020. counsel rule.
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
The Trademark Modernization Act of 2020 (“TMA”) provides for, inter alia, (a) streamlined proceedings to address registrations for marks that have never been in use or are not currently in use (expungement and reexamination proceedings), (b) new grounds upon which to seek cancellation of a registration, (c) expanded use of letters of protest, and (d) (..)
The USPTO will put into effect on January 2, 2021 what is quite likely the largest trademark fee increase in US history. For my past public comments on these, please see earlier posts here: Public comments submitted by EMP&A regarding USPTO’s proposed trademark fee increases (Aug. For details on the changes, read on below.
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®.
If you are filing or have filed a trademark application with the United States Patent and Trademark Office (USPTO) you now have a shorter deadline to respond to Office Actions.
From the thrilling gold-medal finish of the women’s soccer team to Andre De Grasse becoming the first sprinter to bring home gold since 1996, there was no shortage of exciting moments for Canadians at Tokyo 2020. Penny Oleksiak made history as the country’s most decorated Olympian of all time. Another odd result is that certain marks (e.g.
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.
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.
Patent and Trademark Office yesterday published a final rule implementing the Trademark Modernization Act of 2020 (TMA), which was signed into law as part of the Consolidated Appropriations Act of 2020 last year.
The following is an edited transcript of my video Pickleball: A Boom in Trademark Filings If you haven’t played pickleball yet, you’ve certainly heard about it. Although it was invented a couple of decades ago, ever since the pandemic in 2020 its popularity has boomed. In 2021, there were 80.
The plaintiffs claim that Intershez and Shezan, LLC fraudulently registered Shezan Services trademarks in the United States and used these registrations to have U.S. Shezan Services claims to own the SHEZAN trademark and logo for these products. Customs and Border Protection (CBP) detain shipments of genuine Shezan products.
On Friday, the USPTO sent out a notice to many trademark owners who’s email address were “recently identified a data security incident that impacted domicile information in certain trademark filings between February 2020 and March 2023.” For more on trademark scams see www.isthisatrademarkscam.com.
Some of these unconventional forms of trade mark registrations are explained below: Olfactory/Smell Trademarks An olfactory trade mark is an instance wherein, the scent/smell of a product is usually registered. 1 (01), Dec 2020, pp. 1 (01), Dec 2020, pp. Exploring the world of Unconventional Trademarks first appeared on IPLF.
The Washington Commanders stopped using their team name of 87 years at the end of the 2019-2020 season as it was considered an offensive Indigenous slur. The reason this happened—and why you are reading about it on an IP blog—is because one of the largest roadblocks in confirming a new name was the presence of existing trademarks.
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™.
As reported by the US Patent & Trademark Office (PTO) this past summer, since mid-2020trademark applications from US and foreign applicants have “surged to unprecedented levels.” In December 2020 alone, the PTO received 92,608 trademark applications, an increase of 172% over December 2019.
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.
Hiker Industries, LLC (“Hiker”) has filed a lawsuit against Hyk Outdoors LLC (“Hyk”), alleging trademark infringement and unfair competition under both federal and state laws. The complaint focuses on the use of marks by Hyk that Hiker claims are confusingly similar to its own registered trademarks.
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 ].
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.
Rebuttable Presumption of Irreparable Harm - The Trademark Modernization Act (TMA) was signed into law December 27, 2020. Importantly, the burden shifting provision for trademark owners in litigation seeking preliminary or permanent injunctive relief was made effective immediately. By: Shutts & Bowen LLP
winning Originally posted 2020-04-27 14:57:48. Republished by Blog Post Promoter The post Today in trademark appeals appeared first on LIKELIHOOD OF CONFUSION™. Below is the case (UPDATE: audio of the argument here): UPDATE: Decision here — vacated and remanded.
The following is an edited transcript of my video, TEAS PLUS Trademark Application vs TEAS STANDARD. One question that comes up a lot when people go to file a trademark application at the USPTO (US Patent and Trademark Office) is TEAS PLUS versus TEAS STANDARD application forms.
According to The Wrap , AMC Networks and Sony Pictures, the production companies behind Better Call Saul , are being sued for trademark and trade dress infringement by Liberty Tax. The entertainment industry is no stranger to trademark infringement issues. Photo retrieved from Tubefilter.
Converse") brought a trademark infringement action under the Lanham Act against hundreds of participants in Chinese counterfeiting networks. Legal developments - 1. Next Investments, LLC v. Bank of China, No. 20-602 (2d Cir. 2021) In 2013, Nike, Inc. Nike") and Converse Inc.
Kilpatrick’s Chris Bussert, a senior counsel with more than 30 years of experience in helping clients protect and defend their most important assets and brands, recently wrote the article “The Presumption of Irreparable Harm After the Trademark Modernization Act of 2020: Have All Issues Been Resolved?” for The Franchise Law Journal.
The second edition of Eashan Ghosh’s 2020 book “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” is out now! On each of these issues – and several others besides – the conversation has shifted appreciably since I drew the curtain on the first edition of Imperfect Recollections in March 2020.”
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.
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?
The UK Supreme Court today held that the England and Wales Court of Appeal was wrong to overturn a 2020 High Court decision that found Sky Ltd. had acted in bad faith when applying for the mark SKY in categories of goods and services it never intended to put on the market.
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.
filings were down just before the the pandemic and dropped even more in March and April of 2020, but ever since June have been at record levels, fueled by economy, filings from China, and a rush to the beat the fee increases in December. the vast majority (3/4) of applications come from applicants who submit 10 or less applications.
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.
On November 8, the World Intellectual Property Organization (WIPO) released its World Intellectual Property Indicators 2021 report, the latest WIPO annual report to detail global IP filings across patents, trademarks and other forms of IP.
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.
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.
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.
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.
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.
Patent and Trademark Office (USPTO) has refused to register the current name of the Washington NFL franchise – “The Washington Football Team”. You’ve probably heard that the U.S. This is just the latest road block in the long running saga of the Team’s name. But actually, on closer look, it’s more like a small bump, and here is why.
Introduction A Trademark is ordinarily granted protection under two cases, viz., However, in cases of trademarks that are well known amongst the general public in their specific sector of business wherein, they are applied, dilution of the mark takes place. However, this only applies to Well-known Trademarks.
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