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. Lanham Act, Section 45. The Board was unmoved.

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Registration Branding Branding Brands 60

IP and Legal Filings

JANUARY 11, 2024

Although scents are implicitly included in the Act’s protection of trademarks, the U.S. Patent and Trademark Office (USPTO) has stringent procedures for scent trademark registration. The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks.

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Trademark Intellectual Property Branding Branding 102

IPilogue

DECEMBER 21, 2022

A quick search on the USPTO’s trademark database shows that Apple first filed the trademark registration for SMART KEYBOARD back in December 2015 as an iPad Pro accessory. The USPTO rejected the application in 2018, and the Trademark Trial and Appeal Board (“TTAP”) upheld this decision in 2021.

Trademark 105

Trademark Registration Technology Trademark Law 105

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.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

The TTABlog

DECEMBER 14, 2021

Sink your teeth into this Harvard Law Review note that strikes at the heart of trademark infringement doctrine: " Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement ," 35 Harv. 667 (December 2021). This note posits that trademark law and the law of standing have grown apart.

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Trademark Law Trademark Law Registration 75

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. b)(4) (2021).] Legal Background: Registration.

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Registration Blogging Copyright Designs 85

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! Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics. Looking ahead to 2021.

Trademark 130

Trademark All Rights Reserved Registration Branding 130

Erik K Pelton

MAY 28, 2024

trademark registrations and have been involved in dozens of disputes before the Trademark Trial and Appeal Board (“TTAB”). In addition to representing myriad small business trademark owners, EMP&A itself is a small business and the owner of more than a dozen U.S. trademark registrations.

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Registration Trademark Business Reporting 147

IPilogue

FEBRUARY 16, 2023

On November 7, 2018, Pest Control, Banksy’s authentication body, filed an EU trademark claim on behalf of the artist for Laugh Now. Typically, artists protect their artwork using only copyright law. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona. street artist Banksy.

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Trademark Artwork Registration Art 105

IPilogue

OCTOBER 18, 2022

This motion represents the latest development in the greater claim and counterclaim between the two companies which was initiated in December 2021. . For its part, WOTC claims that it retains common law interest in these marks, on the basis that it has continued to use the marks since at least 2012.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

IPilogue

AUGUST 2, 2021

European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Hasbro v EUIPO. In 2015, Doga?aji’s

Trademark 59

Trademark Registration Trademark Law Intellectual Property 59

The TTABlog

JANUARY 7, 2022

Thomas McCarthy has provided to me his comments on the CAFC's October 27, 2021 decision in the Brooklyn Brewery case, in which the appellate court largely affirmed the TTAB's denial of Plaintiff Brooklyn Brewery's petition for cancellation of a registration for the mark BROOKLYN BREW SHOP (in standard form) for beer-making kits.

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Registration Trademark Law Trademark Law 91

IP and Legal Filings

OCTOBER 28, 2022

10 of 2021, dated May 21, 2021. registration requirements. Provisions of intellectual property law will be applicable to NFTs. Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. MOCI Regulation No.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 96

IIPRD

AUGUST 27, 2022

On July 14, 2021, the General Court of the European Union delivered leading cosmetics and skincare label Guerlain a win in the fight to register the distinctive shape of its “Rouge G de Guerlain Lipstick.” trademark law which was later borrowed and adopted in a more limited sense in the European trademark law.

Trademark Law 52

Trademark Law Registration Marketing Marketing 52

SpicyIP

AUGUST 10, 2024

Recently Lupin Atlantis Holdings SA secured trademark registrations for three colour combinations for its inhalers. Application for the grey-brown combination was made twice – first in May, 2021 (see here ) and with certain “interesting” changes (discussed below) again in January, 2022 (see here ). Sabeeh Ahmad.

Trademark 108

Trademark Registration Reporting Marketing 108

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

IP and Legal Filings

OCTOBER 26, 2023

In its process to debunk the claims Daily basket through its website also mentioned That except the word basket there existed no similarities or trademark violations in the brand logo and the name,colour and font itself was different. [4] 4] That Daily Basket had an entirely different user interface and the get-up was also way different.

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Cease and Desist Trademark Registering Trademarks Business 105

IPilogue

OCTOBER 19, 2021

Hall Law School. . On September 28, 2021 , The Hershey Co. Hershey’s Kisses trademark may not be considered inherently distinctive since Kisses look like any other chocolate chip on the shelf, making Hershey’s Kisses a descriptive good rather than a mark registrable on the USPTO’s Principal Register.

Cease and Desist 105

Cease and Desist Branding Branding Brands 105

BYU Copyright Blog

OCTOBER 25, 2021

In a Complaint filed on October 7, 2021, in the Western District of Louisiana, Louisiana Tech University Foundation, Inc., LTF provided evidence of a current version of the bulldog, in use since 2008, along with a copyright registration and a trademark registration for the Bulldog.

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Derivative Work Advertising Advertising Intellectual Property 52

Technology & Marketing Law Blog

OCTOBER 5, 2023

I wrote an expert declaration about them in 2021). The court could have cited two recent Supreme Court cases (Jack Daniels and Abitron) for the proposition that trademark law only applies when parties are using a trademark as a mark , i.e., to identify and distinguish the source of marketplace goods.

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Trademark Fair Use Trademark Law Branding 128

43(B)log

FEBRUARY 16, 2023

The court says the PTO “granted” the application on June 14, 2021, but that’s the filing date—the ITU application was published for opposition in April 2022, allowed June 2022, and an extension of time to file a statement of use has been granted as of this writing.

False Advertising 87

False Advertising Registration Trademark Advertising 87

Erik K Pelton

MARCH 11, 2022

The FTC’s Proposed Trade Regulation Rule on Impersonation of Government and Businesses (FTC-2021-0077) aims to prevent fraudulent or harmful acts caused by impersonation of government and businesses. Pelton & Associates, PLLC (“EMP&A”) is a boutique trademark law firm located in Falls Church, Virginia. About Erik M.

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Government Business Trademark Blogging 147

The IPKat

MAY 11, 2024

33,544 ) in 2021. Why does the patent use a different name from the registered trademark? Indeed, this principle was the basis for Australia's unsuccessful argument that the name 'Prosecco' for sparkling wine should be refused registration as a geographical indication in Singapore (previously discussed by this Kat here ).

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Trademark Registering Trademarks Marketing Marketing 107

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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Registering Trademarks Registration Trademark Ownership 57

The IPKat

JUNE 12, 2022

Generally speaking, such applications would be refused registration in that they inter alia fail to perform their basic function – namely to indicate commercial origin. It is Matthias Zirnsack vs. EUIPO (Case R-260/2021-G ). Let’s see more in detail what this case is about and what INTA’s take consists of.

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Registration Intellectual Property Law Trademark Law 93

The TTABlog

OCTOBER 13, 2021

In a non-precedential ruling, the CAFC upheld the TTAB's decision ( here ) denying a petition for cancellation of a General Motors registration for the mark SUPER CRUISE for "computer software, cameras, ultrasonic sensors, global positioning system and radar object detectors fro the semi-autonomous driving of motor vehicles." 2021-1591 (Fed.

Registration 52

Registration Trademark Law Designs Design 52

SpicyIP

FEBRUARY 21, 2024

The question that surfaced here was “which High Court shall have the jurisdiction to hear cancellation/rectification petitions under Section 57 of the Trademark Act, 1999 (‘1999 Act’).” the High Court would have jurisdiction if the effect of the registration is felt within the territorial jurisdiction).This

Trademark 97

Trademark Intellectual Property Designs Design 97

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion, in 2021, has evolved to become a form of art that acts as a vehicle for cultural commentary and is not just merely restricted to the process of manufacturing apparel. In India, as of 2018, the industry was valued at over five trillion INR and is expected to reach about 223 billion dollars by 2021. dollars in the USA.

Designs 85

Designs Design Artistic Work Technology 85

IP Intelligence

NOVEMBER 15, 2021

If you are contemplating registering a service mark that primarily benefits your company and not others, don’t bother; it will be refused registration. This issue was recently addressed by the Trademark Trial and Appeal Board (TTAB) in In re California Highway Patrol, SN 88796327 (TTAB Nov. 4, 2021) [not precedential] ( CHiP ).

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Service Mark Registration Trademark Business 52

LexBlog IP

OCTOBER 27, 2021

After months (or, perhaps, years) of diligent legal work, your business has finally secured its intellectual property rights through a patent , a trademark registration, a copyright registration or some combination thereof. Trademark Maintenance. The hallmark of trademark law is use. Copyright Maintenance.

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Intellectual Property Registration IP Trademark 52

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

SpicyIP

MAY 18, 2022

Nike has also brought an action for trademark infringement against StockX alleging that StockX’s NFTs depicting Nike shoes violates its trademarks. Dec 21, 2021. Dec 15, 2021. However, when it comes to virtual goods, classification is not straightforward. But it is equipped to efficiently deal with new workload?

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Non-Fungible Tokens Trademark Artwork Art 116

IP and Legal Filings

FEBRUARY 7, 2023

The world’s most popular multiplayer online game platform, “Roblox,” hosted a virtual “Gucci Garden” for two weeks in 2021 for the well-known luxury fashion label “Gucci.” The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 95

Trademark Non-Fungible Tokens Branding Branding 95

LexBlog IP

JUNE 21, 2023

§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. But one can expect, now that cert. ” Id. (at at 1165-66).

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Registration Trademark Law Trademark Law 52

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

Since domain names have a worldwide outreach, its registration is done by an international organization called the Internet Corporation for Assigned Names and Numbers (ICANN). Even before applying for registration, the registrant will have to check whether his domain name is similar to any other registered domain name in the WHOIS.

Registration 52

Registration Trademark Cinema Business 52

IPilogue

OCTOBER 6, 2021

On Saturday, September 18, 2021, locals and travellers from around the globe should have filled the streets of Munich, while being intoxicated and laughing with old and new friends. After months of discussions and the DPMA appealing the decision, Munich successfully achieved its goal on May 1, 2021.

Trademark 59

Trademark Intellectual Property Advertising Advertising 59

Garrigues Blog

JULY 6, 2021

For example, when the main purpose of the registration is to sell it, if it has been to obstruct the third party, if it is used to attract traffic and obtain benefits or to mislead consumers about the products or services of others.

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Branding Branding Brands Registration 52