Above the Fold

DECEMBER 29, 2021

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect. As a reminder, the final rule (available here ) went into effect on December 18, 2021, except for the implementation of the shorter response period for Office Actions, which does not go into effect until December 1, 2022.

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Trademark Registering Trademarks Blogging Registration 52

JD Supra Law

DECEMBER 30, 2021

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect. By: Fox Rothschild LLP

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Trademark Registering Trademarks Registration Business 52

LexBlog IP

DECEMBER 29, 2021

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect. As a reminder, the final rule (available here ) went into effect on December 18, 2021, except for the implementation of the shorter response period for Office Actions, which does not go into effect until December 1, 2022.

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Trademark Registering Trademarks Blogging Registration 52

Erik K Pelton

MAY 28, 2024

The following are the comments our firm submitted today regarding the USPTO’s proposed trademark fee changes and increases: Docket No.: Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. trademark registrations.

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Registration Trademark Business Reporting 147

IPilogue

MARCH 20, 2023

On November 2, 2022, the Ontario Superior Court of Justice ruled that goodwill does not exist when the registered trademark has not been used. v 2788610 Ontario Inc (“ Bhagwani ”) upheld trademark principles which state that an enforceable right does not exist on the mere filing of a trademark application absent use of the mark.

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Trademark Social Media Registering Trademarks Trademark Law 105

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

SEPTEMBER 16, 2022

After a lengthy 22-year trademark battle with Chinese businessman Fang Yuzhou, London-born shoe company Manolo Blahnik has won the legal right to use their name in China. Manolos have never been sold in mainland China because Yuzhou registered the trademark “Manolo & Blahnik” in 1999 in China. China’s Trademark System.

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Registering Trademarks Trademark Registration Branding 103

IP and Legal Filings

DECEMBER 6, 2021

With growing businesses atmosphere and more strong due diligence in terms of getting aware of their rights, there has been a huge influx in registering of their IP assets. 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.

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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 130

Canadian Intellectual Property Blog

JUNE 22, 2022

Bill 96 will have a significant impact on the use of English trademarks in the Province of Québec. For example, whereas in the past, both unregistered and registered trademarks did not need to be translated into French, under Bill 96, only registered trademarks will be exempt from translation into French.

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Trademark Law Trademark Law Registering Trademarks 52

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

Patently-O

NOVEMBER 29, 2021

This is a trademark case. Dollar Financial holds registered trademarks for MONEY MART – the name it uses for its payday and title loan venders as well as pawn shops and pawn brokerages. The USPTO then granted the registrations associated with the new uses. Brittex Financial v. Dollar Financial ( Fed.

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Trademark Law Trademark Law Registration 78

Garrigues Blog

NOVEMBER 6, 2023

The General Court of the European Union recently refused to allow registration of the “BECAUSE THERE IS NO PLANET B” mark for cosmetic products, stationery and other accessories, holding that it lacked the distinctive character required for the general public to identify it as a trademark.

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Advertising Advertising Trademark Registration 52

The IPKat

DECEMBER 17, 2021

Today, it’s about the trademark arena. The court declined to form an opinion on Apple’s contention that over the past 15 years, it had established a family of i-prefix trademarks, which would assist a consumer in better recognising its products. (c)

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LexBlog IP

MARCH 10, 2022

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Several of these changes took effect in December 2021, while other changes will be implemented later this year. Below are the most notable changes made by the TMA and key takeaways for trademark practitioners and brand owners.

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Trademark Registration Intellectual Property Intellectual Property Law 52

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 70

LexBlog IP

OCTOBER 20, 2022

An interesting trademark dispute has arisen between Dallas Mavericks phenom Luka Doncic and his mother over the trademark LUKA DONCIC 7, which is currently owned by Doncic’s mother. Doncic has said that he gave his mother consent to register LUKA DONCIC 7 when he was younger, but he has since established his company Luka99 Inc.

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Trademark Registering Trademarks Business Registration 52

LexBlog IP

DECEMBER 9, 2021

A step-by-step guide to the trademark Registration process and timelines. Jump to: Trademark Timeline Overview. Q: What happens once I file a trademark application? Trademark Intake Form. Trademark Search. Trademark Application Preparation. Registration. trademark TIMELINE OVERVIEW.

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Trademark Registration Intellectual Property Registering Trademarks 52

IPilogue

OCTOBER 21, 2021

The phrase “James Bond 007” (“Bond Mark) is a registered trademark for, among other things, “entertainment services by way of motion picture”. This suggests that all Bond movies are produced under a Trademark license that permits the filmmakers’ use of the Bond Mark in their films. Trademark Licensing and Tarnishment.

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Trademark Licensing Registering Trademarks Intellectual Property 111

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. This article will compare each register, and explain the usefulness of each.

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Trademark Graphic Design Registration Registering Trademarks 52

The IP Law Blog

OCTOBER 20, 2022

An interesting trademark dispute has arisen between Dallas Mavericks phenom Luka Doncic and his mother over the trademark LUKA DONCIC 7, which is currently owned by Doncic’s mother. Doncic has said that he gave his mother consent to register LUKA DONCIC 7 when he was younger, but he has since established his company Luka99 Inc.

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Trademark Registering Trademarks Business Registration 52

The TTABlog

MAY 28, 2024

The CAFC affirmed the Board's dismissal of two petitions for cancellation on the ground of lack of entitlement to a statutory cause of action under Section 1064 of the Trademark Act. 413, 423 (2021) (citing Lujan v. registrations are cancelled, not marks - ed. ]. TransUnion LLC v. Ramirez , 594 U.S. of Wildlife , 504 U.S.

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IPilogue

OCTOBER 19, 2021

On September 28, 2021 , The Hershey Co. The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go?

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Cease and Desist Branding Brands Branding 106

SpicyIP

SEPTEMBER 13, 2021

I covered the recommendations of the Report which includes reforming Section 3(p) of the Patents Act to incentivize TK-based innovation, creating a proper documentation mechanism to prevent misappropriation of TK, and registration of traditional knowledge as GIs. September 6, 2021]. September 3, 2021]. September 13].

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Reporting Registration Trademark Registering Trademarks 104

IP and Legal Filings

OCTOBER 28, 2022

10 of 2021, dated May 21, 2021. registration requirements. Trademark: NFTs may also be protected as a trademark. Article 1(1) of Indonesia’s Trademark Law defines trademark. Tax is imposed on digital commodities in addition to the registration requirements for electronic systems.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 89

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration. One option is to institute a cancellation action with the Trademark Trial and Appeal Board (the “TTAB”) to challenge the registration of the mark. If you win, the TTAB “cancels” the registration of the trademark at issue.

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Registration Trademark Litigation Blogging 52

Selvam & Selvam Blog

NOVEMBER 3, 2022

vs Tata Sia Airlines Limited CS(COMM) 54/2022 was instituted by Frankfinn to refrain Tata from using their registered trademark ‘Fly High’. The court while taking due note of the arguments raised by both sides observed the fine line of difference between the definition of the words mark and trademark in the Trade Marks Act, 1999.

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Trademark Social Media Registration Registering Trademarks 52

SpicyIP

SEPTEMBER 6, 2021

& Anr passed an interim injunction in favour of the plaintiff restraining the defendants and its associates from using in any manner the trademark RAJDHANI or any other trademark which is deceptively similar to the trademark of the plaintiff [September 1, 2021]. Delhi High Court entrance. . & Bombay High Court.

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JIPEL Copyright Blog

MARCH 16, 2022

The new gems being mined are the non-fungible tokens (NFTs), which are already at the center of several trademark battles. Although brands cannot afford a trial-and-error strategy, it is most likely that they will better understand how to properly enforce their trademark rights in this new virtual world as initial lawsuits run their course.

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Trademark Non-Fungible Tokens Branding Brands 40

43(B)log

SEPTEMBER 7, 2021

2021 WL 1534988, No. The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. Tapestry, Inc. Chunma USA, Inc., 20-CV-0271 (JMF) (S.D.N.Y.

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The IPKat

FEBRUARY 20, 2024

The patent, which included France among the designated states, expired on 5 August 2021. The Cour de Cassation decided to stay the proceedings and refer the following questions to the CJEU [unofficial translation from French by this Kat]: Are the invalidity grounds of (a) registration of a trade mark contrary to the provisions of Art.

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Garrigues Blog

JULY 6, 2021

When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ). Let us see it. Forgetting this step can have very negative consequences.

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SpicyIP

DECEMBER 5, 2022

Delhi High Court decreed the suit in favor of the Plaintiff and inter alia directed the Defendant to assign its trademark ‘Saptrishi Sandhi Sudha India’ in favor of the Plaintiff, as undertaken by it in its affidavit. The Plaintiff had filed the suit pending registration of its mark ‘Milaap’ seeking remedy against passing off.

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SpicyIP

AUGUST 2, 2021

India formally acceded to the Locarno Agreement on June 7, 2019, and subsequently, the Design Rules, 2001 were amended in January 2021. The last date for applying is August 15, 2021. July 26, 2021]. July 29, 2021]. July 29, 2021]. Decisions from Indian Courts. The Bombay High Court in Siddhant Icecreams LLP v.

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The TTABlog

JANUARY 21, 2022

Trademark expert Anne Gilson LaLonde, author of Gilson on Trademarks , has provided her comments on the CAFC's recent Brooklyn Brewery decision [ here ], with errata [ here ], agreeing with Professor J. requires only that the party seeking cancellation believe that it is likely to be damaged by the registration.”). 193, 196 n.5

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Registering Trademarks Trademark Registration Law 56

LexBlog IP

DECEMBER 3, 2021

In order to utilize The Registry, the brand owner must have a federally-registered trademark that appears on products or packaging. The Registry requires verification of the rights by the brand owner listed with the USPTO on the registration in order to create the account.

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Branding Brands Branding Intellectual Property 52

LexBlog IP

SEPTEMBER 15, 2021

Deckers ) filed a lawsuit against Sydney-based footwear company, Australian Leather Pty Ltd ( Australian Leather ) for trademark infringement, the U.S. Trademarks that are distinctive, and therefore eligible for protection in one country, may have a generic meaning and therefore not be registrable or enforceable in another.

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