The TTABlog

JANUARY 5, 2022

Tempting Brands Netherlands B.V. 2021 USPQ2d 164 (TTAB 2021) [precedential] (Opinion by Judge Cynthia C. 2021 USPQ2d 1191 (TTAB 2021) [precedential] (Opinion by Judge Mark Lebow). A single-color mark on a product design is registrable only upon a showing of acquired distinctiveness. Welch 2020-2021.

Registration 111

Registration Advertising Advertising Music 111

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. In this case, the Bombay High Court ruled that registration of copyright is not mandatory for obtaining relief in an infringement action.

IP 142

IP Intellectual Property Copyright Trademark 142

LexBlog IP

DECEMBER 9, 2021

IPNews® – On December 1st, 2021, Bytedance filed a TIKTOK trademark application for use in relation to cryptocurrency services. It seems the brand has been building toward this for some time. To continue reading, click: TikTok Seeks Trademark Registration For Cryptocurrency Services.

Registration 52

Registration Social Media Trademark Brands 52

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 92

Registration Trademark Trademark Law Law 92

LexBlog IP

DECEMBER 3, 2021

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to targeted demographics. Online Marketplace Protection.

Branding 52

Branding Branding Brands Intellectual Property 52

TorrentFreak

APRIL 12, 2022

Carrasquillo’s ‘Reloaded’ IPTV Branding. Carrasquillo operated several IPTV services, variously branded Reboot, Gears TV, Reloaded and Gears Reloaded but with those no longer in operation, he needed to make money in other ways. Trademark Registration No. ” NuStar Tried to Negotiate With Carrasquillo. .”

Branding 130

Branding Branding Brands Trademark 130

Technology & Marketing Law Blog

JULY 5, 2021

LLC, 2021 WL 466975 (S.D.N.Y. 9, 2021): “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as a search engine keyword standing alone. 2021 WL 1163117 (E.D.N.Y. March 18, 2021). Pattern Brands, Inc., 2021 WL 1226156 (S.D.N.Y.

IP 85

IP Social Media Fair Use Branding 85

The TTABlog

JUNE 17, 2024

Court of Appeals for the Fourth Circuit has ruled that Bacardi's challenge to the USPTO's renewal of the registration for that mark may be heard in the federal courts. In 2006, Cubaexport was barred from paying the renewal fee for the HAVANA CLUB registration due to a trade embargo. See Bonehead Brands, LLC v. Bacardi & Co.

Registration 51

Registration Trademark Intellectual Property Licensing 51

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? Yes] Precedential No.

Registration 67

Registration Cinema Trademark Reporting 67

The TTABlog

JANUARY 4, 2022

-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year (2021). Great Concepts, LLC , 2021 USPQ2d 1001 (TTAB 2021) [precedential] (Opinion by Judge Marc A. Great Concepts, LLC , 2021 USPQ2d 1001 (TTAB 2021) [precedential] (Opinion by Judge Marc A. Chutter, Inc.

Registration 57

Registration Ownership Licensing Trademark 57

IP and Legal Filings

JANUARY 11, 2024

Trademarks are traditionally considered to be connected with visual elements that include logos, brand names, as well as packaging however, the field of trademarks has widened and it includes non-traditional marks, such as smells, sounds, colors etc. Iconic scents like Chanel No. Iconic scents like Chanel No.

Trademark 102

Trademark Intellectual Property Branding Branding 102

The TTABlog

OCTOBER 29, 2021

Bee) has scheduled eight (VIII) oral hearings for the month of November 2021. November 2, 2021 - 10 AM: In re Garan Services Corp. November 2, 2021 - 10 AM: In re Garan Services Corp. November 3, 2021 - 2 PM: In re Danica Patrick Brands, LLC , Serial No. November 9, 2021 - 10 AM: In re BFY LLC , Serial No.

Designs 57

Designs Design Music Advertising 57

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. The Board was unmoved.

Registration 60

Registration Branding Branding Brands 60

The IPKat

SEPTEMBER 12, 2022

From time to time, this Kat receives queries from clients in relation to the registrability of slogans as trade marks. This was specifically mentioned in the EUIPO’s comprehensive report titled “ The Distinctive Character of Slogans ” (dated October 2021) issued in March 2022 ( the Report ). Well, the answer seems to be a YES….

Registration 111

Registration Advertising Advertising Reporting 111

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. This has caused delays in a number of stages in the trademark process, including a current pendency of 75 days (as of July 5, 2021) for the Pre-Examination Unit of a TEAS application.

Trademark 139

Trademark Registration Blogging Branding 139

LexBlog IP

SEPTEMBER 29, 2022

We are now almost one year on from Mark Zuckerberg’s much talked-about October 2021 letter announcing, among other things, the change of the name of his company from Facebook to Meta, reflecting the company’s commitment to revolutionising social connection through virtual reality.

Branding 52

Branding Branding Brands Registration 52

JD Supra Law

OCTOBER 4, 2021

Future Intentions Not Enough to Pave the Road to Registration - “Reduces pain,” “alleviates anxiety,” “improves sleep” – these are just some of the claims of the miraculous CBD. The surfeit of new CBD brands and products in the marketplace is no surprise, given that such consumables are legal in many states, and seemingly treat all ills.

Marketing 55

Marketing Marketing Registration Brands 55

The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

Branding 52

Branding Branding Brands Registration 52

IP Watchdog

NOVEMBER 6, 2021

The Brazilian Patent and Trademark Office (BPTO) began accepting applications for position trademarks on October 1, 2021. Position marks are trademarks characterized by the particular spot in which they are placed on a product.

Trademark 115

Trademark Registration Brands Branding 115

Erik K Pelton

MAY 23, 2022

But I’ve been following the world of gaming and eSports competitions for many years, and in fact, have been lucky enough to work with eSports teams and several gamers to protect their brands. But a gamer that goes by Doctor Disrespect is said to have taken in approximately $6 million in revenue in 2021. Zero trademarks.

Trademark 162

Trademark Social Media Branding Branding 162

Indiana Intellectual Property Law

FEBRUARY 10, 2023

Trademark Office issued the following 132 trademark registrations to persons and business in Indiana in January 2023 based on applications filed by Indiana trademark attorneys: Reg. 6944877 LAKE ESCAPE 6939584 REPAIRWARES GET IT RIGHT THE FIRST TIME. 6944877 LAKE ESCAPE 6939584 REPAIRWARES GET IT RIGHT THE FIRST TIME.

Registration 52

Registration Trademark Designs Design 52

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. Although registration of copyright in Kenya is not mandatory, the plaintiff’s certificate was used to establish prima facie case of copyright ownership.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

GDB Firm Blog

JANUARY 24, 2022

Regulations recently went into effect that will make it easier to challenge existing trademark registrations, in order to cancel registrations that were obtained fraudulently or that are no longer in use. In recent years, the trademark Principal Register has been cluttered with fraudulent trademark registrations.

Trademark 52

Trademark Branding Branding Brands 52

Erik K Pelton

DECEMBER 28, 2020

The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! When Congress passed the CARES Act in late March, it featured provisions allowing the USPTO to extend some deadlines for applicants and registrants for a few months.

Trademark 130

Trademark All Rights Reserved Registration Branding 130

The IPKat

JULY 20, 2023

By decision dated June 15, 2023 ( original Romanian version and English machine translation ) the EUIPO rejected the application for registration of a European Union sound trade mark featuring the nursery rhyme “ Johnny Johnny Yes Papa ” on the grounds of lack of distinctiveness.

Registration 40

Registration Music Branding Branding 40

Erik K Pelton

JUNE 15, 2022

Well, there isn’t a direct impact on trademarks, which is good news because if you are seeking trademark protection or working with your brand, the supply chain shouldn’t impact getting protection. I challenged myself to think about how does the supply chain impact trademarks?

Trademark 147

Trademark Registration Branding Branding 147

Garrigues Blog

JULY 6, 2021

They allow companies to promote their brand image and connect with the community around them. This preliminary analysis has to go further and check, for example, if the brand we have chosen is also available as a domain name. These issues can have a major impact on brand strategy and affect credibility in the market.

Branding 52

Branding Branding Brands Registration 52

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

Plagiarism Today

APRIL 11, 2022

Earlier this month, the ecommerce site Etsy announced that they are launching a new intellectual property portal that they hope will make it easier for brands, creators and other rightsholders to report listings that are infringing on their rights. Users login with their Etsy account and then first register their brand.

IP 261

IP Intellectual Property Reporting Branding 261

The IPKat

OCTOBER 20, 2021

CCIS_CMD/2021/776/RFP - Creators Platform: Program Management Team and Content Delivery Team. For those interested in participating, the business opportunity can be found here (in order to see the tender documents and participate, a BASIC registration in the United Nations Global Marketplace (UNGM) is required). Register here.

Intellectual Property 106

Intellectual Property Intellectual Property Law Registration IP 106

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). 92056381 (December 16, 2021) [not precedential] (Opinion by Judge Marc A. Welch 2021. Australian Therapeutic Supplies Pty.

Registration 51

Registration Contracts Advertising Advertising 51

The TTABlog

OCTOBER 19, 2021

The USPTO refused registration of the mark ICY (stylized) on the ground of likelihood of confusion with the registered mark ICEE , for overlapping clothing items (sweatshirts). Applicant American Branding failed to show that the cited mark is weak, either inherently or conceptually. Welch 2021. How do you think this came out?

Registration 70

Registration Branding Branding Brands 70

The IPKat

NOVEMBER 1, 2023

They also own many others which use the word EASY alongside another single word relating to a good or service such as EASYBUS, EASYFERRY, EASYCLEANING, EASYFOOD, EASYCOURIER, EASYDESK, EASYOFFICE… the list goes on, and on… Readers might be thinking that these marks lack distinctiveness or there is an ambitious registration practice underway.

Social Media 70

Social Media Registration Branding Branding 70

LexBlog IP

DECEMBER 20, 2023

The decision allows cannabis companies to continue selling delta-8 THC goods in Texas and establish a reputation for their brands. This case, and its counterpart in Virginia, could have a significant impact on brand owners’ ability to establish rights in their cannabis-related trademarks. compounds) in the cannabis plant.

Trademark 52

Trademark Registration Branding Branding 52

JD Supra Law

JANUARY 14, 2022

On December 18, 2021, the U.S. The first major overhaul of the Lanham Act since 1998, the TMA introduced new tools to remove unused trademarks from the Register and expedite the overall registration process. Patent and Trademark Office (USPTO) rules implementing the Trademark Modernization Act of 2020 (TMA) went into effect.

Trademark 58

Trademark Registration Brands Branding 58

The IPKat

SEPTEMBER 12, 2021

Conferences Danish Copyright Society On 20th of September 2021 at 16:30 (4:30 pm CEST), the Danish Copyright Society ( www.dsfo.dk ) will host an online conference regarding recent case law from the ECJ. This Kat is keeping fresh Another week, another miscellany roundup. Eleonora Rosati. Find out more here (in Spanish). Find out more here.

Intellectual Property 75

Intellectual Property IP Branding Branding 75

IPilogue

JULY 16, 2021

On April 19, 2021, Canada’s Minister of Finance Chrystia Freeland donned a new pair of shoes to announce the annual federal budget, as per tradition, this time from the Toronto-based artisanal shoe company Zvelle. Thus, the phrase “Walk How You Want”, awaiting trademark registration as of publication , was born. Photo Credits: Zvelle.

Branding 105

Branding Branding Brands Intellectual Property 105