Technology & Marketing Law Blog

JANUARY 9, 2022

A recap of emoji law developments in 2021: Court References. The latest version enumerates a total of 586 opinions through the end of 2021. Courts rarely display the symbols in their opinions; it happened in less than 10% of the 2021 opinions I indexed. I found 166 cases in 2021 (so far), a 23% increase over 2020.

Law 145

Law Registration Settlement Litigation 145

Erik K Pelton

DECEMBER 15, 2022

The following is an edited transcript of my video Update on Trademark Backlog at the USPTO. Late in 2021, I provided some information about the backlog of trademark filings at the USPTO. The post Update: Trademark Backlog at the USPTO appeared first on Erik M Pelton & Associates, PLLC.

Trademark 182

Trademark Registration Editing 182

IP and Legal Filings

NOVEMBER 27, 2024

However, in some rare instances there are some other peculiar forms of trade mark registrations as well. These are not the most conventional forms of registrations and are often accounted for a higher degree of proof due to their nature. There are numerous issues that may arise for the registration of smell mark.

Trademark 52

Trademark Registration Brands Branding 52

Patently-O

FEBRUARY 2, 2022

The court does note that the mark may become registrable if Vox is later able to show acquired distinctiveness. In each of those recent Supreme Court cases, the Trademark Office had attempted to use some shortcut/exception to reject the trademark registration. IN re Vox Populi Registry Ltd. (

Registration 96

Registration Trademark Patent 96

JD Supra Law

DECEMBER 6, 2021

The USPTO recently released its FY 2021 Performance and Accountability Report, which contains detailed information about allowance rates, average pendency, and other statistics about its review of patent and trademark applications this year. To answer that question: By: Fox Rothschild LLP

Editing 102

Editing Trademark Patent Reporting 102

Erik K Pelton

FEBRUARY 15, 2022

The following is an edited transcript of my video What Happens When Appealing a Trademark Refusal to the TTAB. The Trademark Trial and Appeal Board, or TTAB, is a panel of judges that can decide cases on appeal. A couple of changes in 2021. And of course, I always recommend that you work with an experienced trademark attorney.

Trademark 204

Trademark Editing Registration Brands 204

Erik K Pelton

MAY 23, 2022

The following is an edited transcript of my video Trademark Protection for eSports and Gamers. That’s why it is shocking that many of them are not registered with the USPTO and protecting their trademarks. But a gamer that goes by Doctor Disrespect is said to have taken in approximately $6 million in revenue in 2021.

Trademark 162

Trademark Social Media Branding Branding 162

JD Supra Law

DECEMBER 24, 2021

Trademark owners and practitioners have some extra reasons to celebrate this year, as the majority of the Trademark Modernization Act went into effect on December 18, 2021. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Trademark 98

Trademark Marketing Marketing Registration 98

Erik K Pelton

DECEMBER 28, 2020

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.

Trademark 130

Trademark All Rights Reserved Registration Branding 130

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. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. c) Top 10 Other IP Developments.

IP 143

IP Intellectual Property Trademark Copyright 143

Indiana Intellectual Property Law

NOVEMBER 12, 2024

SHO’NUFF POPCORN PROUDLY ESTABLISHED.

Registration 52

Registration Trademark Design Designs 52

IP Watchdog

SEPTEMBER 23, 2021

Following a Request for Comments in March 2021, the United States Patent and Trademark Office (USPTO) yesterday published a Federal Register Notice updating the General Requirements Bulletin (GRB) for admission to the registration exam to practice in patent cases before the Office.

Registration 116

Registration Patent Publishing Trademark 116

Erik K Pelton

DECEMBER 20, 2022

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.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IPilogue

JANUARY 14, 2022

2021 was an exciting year for the IPilogue. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Top 10 Most Read IPilogue Articles Published in 2021. Introducing the College of Patent Agents & Trademark Agents. Trademark Law.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

Erik K Pelton

JUNE 15, 2022

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.

Trademark 147

Trademark Registration Branding Branding 147

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 Branding Brands 115

Erik K Pelton

SEPTEMBER 24, 2021

The following is an edited transcript of my video, Why Are US Trademark Applications Taking Longer Than Ever? And it just perfectly expresses the fact that a trademark application, in good times, takes about a year and goes through many, many steps and obstacles along the way. And now, in 2021, it takes even longer than ever before.

Trademark 147

Trademark Registration Government Editing 147

U.S. Department of Commerce

AUGUST 9, 2021

Protecting our Trademark Customers with Federal Registration of USPTO Marks. August 9, 2021. Mon, 08/09/2021 - 09:45. Guest blog by David Gooder, Commissioner for Trademarks . We recognize the intrigue and irony of filing for federal registration of the USPTO marks.with the USPTO. ASowah@doc.gov.

Registration 80

Registration Trademark Branding Branding 80

Patently-O

APRIL 14, 2022

In a recent filing, Brooklyn Brewery (Brewery) indicated plans to take its trademark opposition/cancellation case to the US Supreme Court. Brew Shop , but the question before the Supreme Court focuses on Brewery’s opposition to Brew Shop’s multi-class trademark registration application. by Dennis Crouch.

Trademark 128

Trademark Registration Marketing Marketing 128

Likelihood of Confusion

NOVEMBER 24, 2024

Originally posted 2021-04-13 10:40:33. Republished by Blog Post PromoterWhen trademark lawyers — much less judges — use a word, it means just what they choose it to mean — neither more nor less.

Blogging 98

Blogging Trademark Trademark Law Registration 98

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. TTABlogged here ].

Registration 113

Registration Advertising Advertising Music 113

IPilogue

DECEMBER 21, 2022

Tech giant Apple has recently filed a lawsuit against the United States Patent and Trademark Office (“USPTO”) and Director Kathi Vidal over the Office’s refusal to register Apple’s “SMART KEYBOARD” trademark based on genericness. Generics cannot have trademark protection. A string of refusals. Apple is not giving up.

Trademark 105

Trademark Registration Technology Trademark Law 105

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.

Business 111

Business Trademark Social Media Registration 111

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] 2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks.

Registration 98

Registration Trademark Trademark Law Law 98

The TTABlog

JULY 6, 2021

Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products. 2021 U.S.P.Q.2d 2021) [precedential] (Opinion by Judge Cynthia C.

Registration 98

Registration Marketing Marketing Brands 98

JD Supra Law

SEPTEMBER 3, 2021

trademark registration, particularly in view of the increase in e-commerce resulting from the COVID-19 pandemic. trademark registration has caused a large uptick in trademark filings over the past year. Around the world businesses have become more aware of the value and benefits of a U.S. The importance of a U.S.

Trademark 98

Trademark Registration Reporting Business 98

The TTABlog

JULY 12, 2021

Tomorrow I will be presenting a webinar, along with Ted Davis, for the New York Intellectual Property Law Association, on recent trademark cases in the courts and at the TTAB. Welch 2021. Here (pdf) is an article I prepared, briefly summarizing the precedential decisions of the CAFC and the TTAB over the past twelve months.

Registration 75

Registration Intellectual Property Law Trademark Intellectual Property 75

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.

Trademark 132

Trademark Registration Advertising Advertising 132

JD Supra Law

SEPTEMBER 21, 2021

On September 15, 2021, the United States District Court for the District of South Carolina imposed significant penalties on a defendant who defrauded thousands of trademark registration holders. By: Eversheds Sutherland (US) LLP

Trademark 97

Trademark Registration 97

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.

Trademark 105

Trademark Registration Branding Branding 105

Nelligan Law

OCTOBER 25, 2022

Reading Time: < 1 minute Since the implementation of the modernized Trademark Act , the Canadian Trademarks Office began accepting requests for expedited examination (as of May 3, 2021). This was welcome news to many given the significant delay at the Canadian Trademarks Office (2-3 years).

Trademark 98

Trademark Intellectual Property Registration IP 98

Plagiarism Today

OCTOBER 24, 2022

In 2019, it was due to road work on my street and both 2020 and 2021 due to the pandemic. If you want a more complete list of the Halloween-related articles that have been featured on this site, check out this post from October 2021. 5: Understanding Copyright, Trademark and Halloween Costumes. Bottom Line.

Copyright 279

Copyright Public Domain Copying Copyright Notice 279

IPilogue

NOVEMBER 17, 2022

Can you file a trademark application for a restaurant and proceed to demand 1.5 Upon learning that Beijing Judian was planning to open locations in Canada, Meng raced to file trademark applications for the identical mark in Canada. Two sections recently added to Canada’s Trademark Act of 1985 (“the Act ”) mention bad faith.

Trademark 111

Trademark Registration Advertising Advertising 111

The TTABlog

FEBRUARY 17, 2022

The USPTO's 2021 Performance and Accountability Report is chock full of information and data regarding USPTO operations. Cancellation proceedings play an important part in ensuring the accuracy and integrity of the Trademark Register. pdf here ). Under the heading "CASE LAW DEVELOPMENTS: RECENT DECISIONS" (p. Text Copyright John L.

Reporting 89

Reporting Registration Trademark Copyright 89

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.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

JD Supra Law

DECEMBER 3, 2021

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. Most of the changes will kick in during December 2021, By: Brooks Pierce The USPTO has now issued its final rule on those changes.

Trademark 96

Trademark Registration Patent 96

The TTABlog

JUNE 8, 2021

The court therefore upheld the decision of the TTAB [ here ] ordering cancellation of the PRETZEL CRISPS Supplemental Registration. June 7, 2021). Welch 2021. However, no matter how much commercial success the product enjoys, Plaintiffs are not entitled to monopolize the common name of the product being sold."

Registration 97

Registration Social Media Blogging Marketing 97