LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 1871712).

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Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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IPilogue

DECEMBER 1, 2021

Bonnie Hassanzadeh is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. On October 28, 2021, Facebook’s founder, Mark Zuckerberg, announced that the company will change its corporate name to “Meta”. Trademarks.

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Business Trademark Social Media Registration 111

The TTABlog

AUGUST 31, 2021

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) 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.] Schoonover v.

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Registration Designs Design Trademark 56

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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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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The IPKat

MAY 11, 2024

33,544 ) in 2021. Why does the patent use a different name from the registered trademark? These denominations cannot be registered as trademarks - for example, under Article 7.1(m) Unlike PVR law, however, trademark law imposes no obligations to maintain a direct link between a name and a plant.

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Trademark Registering Trademarks Marketing Marketing 107

The TTABlog

JULY 30, 2021

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) 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.

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The TTABlog

NOVEMBER 30, 2021

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) 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.

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Registration Designs Design Trademark 56

IPilogue

SEPTEMBER 22, 2021

Which trademark battle? THE trademark battle—the one over who owns trademark rights in the word “THE”. In May 2019, Marc Jacobs Trademarks L.L.C. MJT) applied to the United States Patent and Trademark Office (USPTO) seeking registration for use of the word “THE” on clothing, handbags, and related goods.

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Trademark Branding Brands Branding 105

IP Tech Blog

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind. Article 2.4

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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.

Registration 52

Registration Designs Design Trademark 52

IPilogue

DECEMBER 6, 2021

Eloise Somera is a 3L JD Candidate at Osgoode Hall Law School , enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. 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.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

Garrigues Blog

JUNE 14, 2022

The World Intellectual Property Organization (WIPO) has published its 2021 Indicators Report ( WIPI Report 2021 ). The information contained in the WIPI Report 2021 is particularly relevant since it compares the 2019 Indicators with the 2020 Indicators. Trademarks. Industrial designs. Key global figures.

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Intellectual Property Designs Design Reporting 52

Patently-O

OCTOBER 3, 2021

Jun 04, 2021). Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. by Dennis Crouch. TBL Complaint.

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Trademark Registration Advertising Advertising 131

Indiana Intellectual Property Law

AUGUST 9, 2022

PUMA SE , based in Herzogenaurach, Germany, is a multi-national company that designs and manufactures athletic and casual footwear, apparel, and accessories. PUMA applied for a Federal Trademark registration under Application Serial No. PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No.

Patent Infringement 52

Patent Infringement Cease and Desist Trademark Design Patent 52

LexBlog IP

JANUARY 13, 2022

In 2021, applications filed in Canada went up 13.7%, partly due to Canada’s accession to the Madrid Protocol. When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. Delay (in months).

Trademark 52

Trademark Intellectual Property Intellectual Property Law Registration 52

LexBlog IP

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind. Article 2.4

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The IP Law Blog

MARCH 5, 2021

, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic.

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Trademark Branding Brands Branding 85

The TTABlog

OCTOBER 29, 2021

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) 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.

Designs 56

Designs Design Music Advertising 56

SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Dec 21, 2021. Dec 15, 2021. Aparajita Lath.

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Non-Fungible Tokens Trademark Artwork Art 108

The IPKat

DECEMBER 16, 2021

CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. Today, we begin with developments in the copyright field.

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Copyright IP Ownership Copyright Infringement 89

Selvam & Selvam Blog

AUGUST 15, 2024

The Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) is now grappling with a significant challenge following a judgment passed by the Calcutta High Court in the case of Visa International Ltd vs. Visa International Service. All these orders now face re-evaluation or may need to be treated afresh.

Trademark 52

Trademark Designs Design Registration 52

IP Tech Blog

MARCH 21, 2022

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. Trademark Applications Subject to the Measures. Use e-filing.

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Trademark Intellectual Property Intellectual Property Management IP 109

The TTABlog

JULY 1, 2021

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) Bee) has scheduled seven (VII) oral hearings for the month of July 2021. July 13, 2021 - 1 PM: In re Cuup, Inc. July 14, 2021 - 3 PM: Smokey Island Grille LLC v. July 15, 2021 - 1 PM: In re L-Nutra, Inc. July 20, 2021 - 1 PM: In re Joy Tea Inc.

Intellectual Property 52

Intellectual Property Registration Trademark Law 52

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.

Designs 57

Designs Design Blogging Registration 57

Selvam & Selvam Blog

APRIL 16, 2021

Not very long ago, the Indian Designs Office notified the Designs (Amendment) Rules, 2021 and now the Copyright Office (hereinafter referred to as ‘CRO’) too has notified the Copyright (Amendment) Rules, 2021. However, registered post as a means of communication is still an accepted form.

Copyright 52

Copyright Journalism Intellectual Property Intellectual Property Law 52

Indiana Intellectual Property Law

JUNE 23, 2022

NuStar was granted a registration for its mark RELOADED® under Registration No. 6,376,399 with the USPTO on June 8, 2021 alleging they began using the mark as early as September 2016. Plaintiff also owns state trademarks for the same mark in New Jersey and Pennsylvania. 1114 , N.J. Stat § 56:3-13.16 1125 and IC 27-4.

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Garrigues Blog

NOVEMBER 11, 2021

Simply applying the typical pattern of a “cachirulo” (traditional Aragonese bandana) on a different item of clothing does not confer individual character on the design. That is to say, the appellant questioned whether the comparison had to be made between the designs themselves or between the products in which they were incorporated.

Designs 52

Designs Design Registration Blogging 52

The TTABlog

JUNE 28, 2022

Kretet also pointed to its ownership of a registration for a similar mark for non-medicated skin serums, but the Board was unimpressed. Simply put, Registrant’s goods include cosmetics and sub-types of cosmetic and cosmetic components, and Applicant’s goods are types of cosmetics." In re Krete LLC , Serial No.

Designs 43

Designs Design Registration Ownership 43

43(B)log

AUGUST 19, 2021

CasperLabs, LLC, 2021 WL 1164985, No. 26, 2021) Zamfir is a researcher in the field of cryptoeconomics and distributed systems; he and Vitalik Buterin are allegedly the two lead researchers of the proof-of-stake blockchain protocols known as Casper (name adopted around 2015). 21cv474-GPC(AHG) (S.D.

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Registration Social Media Trademark Registering Trademarks 72

Indiana Intellectual Property Law

AUGUST 18, 2021

Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”).

Trademark 52

Trademark Service Mark Registration Designs 52

Patently-O

JULY 8, 2021

Timberland did not patent or register a copyright the design, and the market it rife with copycat boots. However, the USPTO’s Trademark Trial & Appeal Board (TTAB) rejected the application, finding that the the company had failed to demonstrate that the boot shape had acquired secondary meaning in the eyes of consumers.

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Registration Licensing Trademark Designs 128

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 123

LexBlog IP

JULY 12, 2021

What is the Supplemental Trademark Register, and how does it differ from the Principal Register? Officially called the “ Supplemental Register ,” it is one of two United States federal trademark registers. What is a Supplemental Register Trademark? Moving a Trademark From the Supplemental to the Principal Register.

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The TTABlog

JANUARY 3, 2022

The Board sustained this opposition to registration of the mark ALZHEIMER'S NEW JERSEY WALK TO FIGHT ALZHEIMER'S & Design on the ground of likelihood of confusion with the common law mark WALK TO END ALZHEIMER'S & Design , both marks for charitable fundraising services. Alzheimer's New Jersey , Opposition No.

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The TTABlog

DECEMBER 26, 2023

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. That application issued to registration in December 2021.

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