The IPKat

JULY 3, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on a brand-new decision issued by the General Court of the European Union on 3 July 2024 in an interesting design case (Case T-329/22). The designer had a wide design freedom. by Henning Hartwig I.

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IP and Legal Filings

FEBRUARY 8, 2023

Indian Copyright Registration The Indian Copyright Office is similarly confused how to handle such requests. i] Another application, however, was made in which a natural person and an AI again (RAGHAV) were designated as co-authors for another artwork. [i] In this case, the copyright office allowed registration.

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The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

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Designs Design Registration Intellectual Property 67

Selvam & Selvam Blog

NOVEMBER 11, 2021

At the outset, Section 11(1) of the Designs Act, 2000, grants copyright protection to a design for a period of ten years from the date of registration. However, if priority is claimed then the registration period is calculated as being ten years from the priority date. Law vector created by pikisuperstar.

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Designs Design Registration Copyright 52

Olartemoure Blog

NOVEMBER 25, 2022

The World Intellectual Property Organization published the World Intellectual Property Indicators report, where it revealed a strong growth in IP applications in 2021, demonstrating that entrepreneurship, technology , innovation and digitalization continue to drive the growth of the global economy. more than in 2020. and 9.2%, respectively.

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Indiana Intellectual Property Law

OCTOBER 18, 2021

Trademark Office issued the following 161 trademark registrations to persons and businesses in Indiana in September 2021 based on applications filed by Indiana trademark attorneys: Reg. INSPIRE DESIGN CENTER. A ALPHA DESIGN. ON DEMAND DESIGN CONCEPTS. SUCCESS AT WORK COACH. TRUCKING FROM SCRATCH. COASTAL MIX.

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Registration Trademark Designs Design 52

The TTABlog

JANUARY 5, 2022

2021 USPQ2d 164 (TTAB 2021) [precedential] (Opinion by Judge Cynthia C. The TTAB dismissed the Olympic Committee’s opposition to registration of the mark PIERRE DE COUBERTIN for various goods in classes 3, 9, 14, 18, 25, and 28, including perfume, sunglasses, jewelry, luggage, clothing, and sporting goods. Welch 2020-2021.

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The TTABlog

AUGUST 31, 2021

-Bee) has scheduled six (VI) oral hearings for the month of September 2021. September 8, 2021 - 10 AM: Joshua S. 92067794 [Petitioner for cancellation of registration s for the mark FORUM for clothing and snowboards, on the ground of abandonment.] September 9, 2021 - 4 PM: Maker's Mark Distillery, Inc. Welch 2021.

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The TTABlog

NOVEMBER 30, 2021

Bee) has scheduled eight (VIII) oral hearings for the month of December 2021. December 1, 2021 - 11 AM: In re Solar Foundations USA, Inc. December 1, 2021 - 11 AM: In re Solar Foundations USA, Inc. December 2, 2021 - 10 AM: In re Jasmin Larian, LLC , Serial No. December 7, 2021 - 11 AM: Made in Nature, LLC v.

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Registration Designs Design Trademark 57

The IPKat

FEBRUARY 29, 2024

In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims.

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Designs Design Registration Intellectual Property 60

The TTABlog

SEPTEMBER 30, 2021

Section 2(a) - False Suggestion of a Connection: TTAB Denies Fraud Claim But Grants Petition to Cancel SEYIDOGLU Registration on Section 2(a) False Connection Ground Section 2(d) - Likelihood of Confusion: TTABlog Test: Which of These Three Section 2(d) Refusals Was Reversed? SPECIAL & Design" Confusable With RADIALWEAR for Clothing?

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Registration Designs Design Trademark 57

The TTABlog

JULY 30, 2021

-Bee) has scheduled three (3) oral hearings for the month of August 2021. August 11, 2021 - 11 AM: General Motors LLC v. August 19, 2021 - 10 AM: Alzheimer's Disease and Related Disorders Association v. August 26, 2021 - 10 AM: In re Old Blind Dog BBQ LLC , Serial No. Welch 2021. Bolt Ride, Inc. Opposition No.

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Registration Design Designs Trademark 57

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.

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Registration Trademark Trademark Law Law 92

IP and Legal Filings

APRIL 25, 2024

Introduction Section 3 of the Real Estate Regulation and Development Act, 2016 provides for prior registration of projects under the Real Estate Regulatory Authority that are undergoing completion as of the commencement of the Act and have not been granted a completion certificate by their respective local authorities.

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LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a Mask Work. Understanding Mask Work.

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The TTABlog

SEPTEMBER 2, 2021

opposed registration of the mark shown below left, claiming a likelihood of confusion with its registered mark shown below right, both for clothing. 91244445 (August 25, 2021) [not precedential] (Opinion by Judge Michael B. Moreover, the alligator design is larger that the wording in applicant's mark. Welch 2021.

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Designs Design Advertising Advertising 89

LexBlog IP

FEBRUARY 15, 2022

On February 05, 2022, the World Intellectual Property Organization (WIPO) announced that China had joined the Hague International Design System (the Hague System) that allows registering up to 100 designs in 94 countries through one international application. [1] Kara also supports the prosecution of Chinese design applications.

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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? & Design" for Beer? [Yes] Precedential No.

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Registration Cinema Trademark Reporting 67

Velocity of Content

NOVEMBER 11, 2021

The Office’s response was released on August 31, 2021 and described the contours of the issue – which appears to require legislative action if it is to be addressed. This case comes along at a time when the Court has recently (2019) articulated a stricter registration standard for bringing copyright disputes before a court.

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The IPKat

AUGUST 17, 2022

In all this, it is no surprise that new and quirky designs require effective IP protection to retain their goodwill and reputation, as well as competitive advantage. The applicant maintained its request for registration. These had been circulating on the market since, at least, 2017.

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Registration Designs Design Marketing 90

Garrigues Blog

SEPTEMBER 7, 2021

Whether or not these types of products or components can be protected as industrial designs must be addressed case by case. The legal protection of industrial designs mainly covers aesthetics, the specific shape or aesthetic configuration of a product. Specifically, article 4.2 of Regulation 6/2002. of Regulation 6/2002). Article 4.3

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Designs Design Intellectual Property Registration 90

SpicyIP

JULY 28, 2021

We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly. Yashi Agrawal. India and the Locarno Agreement.

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Designs Design Intellectual Property Editing 124

Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. In 2015, it sought copyright registration of this useful article as a sculptural work. This commentary presents some of our findings.

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Designs Design Copyright Design Patent 75

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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Design Patent Designs Design Patent 57

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. Direct Impulse Design, Inc. ,

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Registration Trademark Intellectual Property Licensing 51

The TTABlog

JANUARY 11, 2022

The only precedential Section 2(d) decision was the Joel Embiid case, In re Joel Embiid , 2021 USPQ2d 577 (TTAB 2021), affirming a refusal to register TRUST THE PROCESS for shoes. Prior registrations (under the 13th DuPont factor) impacted the HANA BANCORP and ELDORADO RESORT decisions. None of the reversals was precedential.

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Designs Design Registration Copyright 88

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

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Designs Design Design Patent Branding 59

The TTABlog

OCTOBER 22, 2021

The USPTO refused to register the mark BEDLAM VODKA in the word-plus-design form shown below left, for vodka [VODKA disclaimed], finding confusion likely with the registered mark BEDLAM! in the word-plus-design form shown below right, for beer. 88182246 (October 19, 2021) [not precedential] (Opinion by Judge Melanye K.

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Designs Design Registration Copyright 94

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: Are These Two "Bull" Designs Confusingly Similar For Auto Parts? Precedential No.

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Registration Designs Design Trademark 52

The TTABlog

AUGUST 7, 2023

The USPTO refused to register the mark SUNSET SUSHI & Design on the ground of likelihood of confusion with the registered mark BANSHOO SUSHI BAR & Design , for overlapping restaurant services. According to the cited registration, the English translation of "BANSHOO" is "SUNSET." Here, is the latest decision.

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Designs Design Registration Copyright 40

Olartemoure Blog

SEPTEMBER 13, 2024

In 2021, the Spanish designer Laura Ivorra applied for the registration of one of her jewelry designs as a figurative trademark before the EUIPO, which consisted of three medals representing a vulva. La entrada Vulva-shaped jewelry registered as trademark se publicó primero en OlarteMoure | Intellectual Property.

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Trademark Intellectual Property Designs Design 52

LexBlog IP

JULY 21, 2021

Intellectual Property ( IP ) Australia published their 9 th annual edition of the Australian IP Report (the IP Report ) on 29 April 2021. It outlines trends, data and legal rights pertaining to patents, trade marks, designs, plant breeder rights ( PBR ) and copyright. Applications and Registrations. Trade Marks. Key players.

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IP Tech Blog

JANUARY 22, 2024

Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. does not contain enough original human authorship to support a registration.”

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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. 88674888 [Section 2(d) refusal of MATCH STUDIO for "clothing, namely, tops and bottoms," in view of the mark MATCH in standard character and design form for overlapping clothing items.]

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IP Tech Blog

AUGUST 16, 2021

With the end of the Brexit transition period on 31 December 2020, the EU legislation governing the EU trade mark and design system ceased to apply to the UK. However, the applicant of an EUTM or RCD application pending on 1 January 2021 can apply for registration of a UK right and claim the earlier filing date until 30 September 2021.

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Designs Design Blogging Registration 57

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.

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IP Intellectual Property Copyright Trademark 138

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

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