JD Supra Law

NOVEMBER 15, 2022

In December 2020, Congress passed the Trademark Modernization Act (the “TMA”), providing for numerous changes in the processes for registering trademarks and maintaining trademark registrations in the United States. Key elements of the TMA come into effect on December 1, 2022.

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JD Supra Law

OCTOBER 23, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. 2022-1212). Chutter, Inc., By: Bradley Arant Boult Cummings LLP

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The TTABlog

NOVEMBER 24, 2021

The USPTO has issued its final regulations under the Trademark Modernization Act of 2020. The new rules [pdf here ] go into effect on December 18, 2021 , except for the implementation of the shorter response period for office actions, which will go into effect on December 1, 2022. pdf of Act here ].

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IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

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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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IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.

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The TTABlog

MARCH 8, 2022

The Board upheld a refusal to register the proposed mark MADE FOR YOU LAB-GROWN DIAMONDS , in standard character and design form, for 'diamonds; jewelry" [LAB-GROWN DIAMONDS disclaimed], finding that the phrase fails to function as a trademark. 88304005 and 88584338 (February 24, 2022) [not precedential] (Opinion by Judge Michael B.

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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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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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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.: PTO–T–2022–0034 Comments of Erik M. Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M.

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SpicyIP

NOVEMBER 7, 2022

on 2 November, 2022 (Delhi High Court) . However, the patent on Apaxiban expired in September 2022 and via the present order, the court ruled that “ there can be no injunction on the manufactured stock lying with the Defendants, from being sold as on date. ”. vs Dr. Tajinder Bhatti on 2 November, 2022 (Delhi High Court) .

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LexBlog IP

JANUARY 11, 2022

There are three distinct trademark symbols you may use is the registered trademark symbol “R” (®) , the small “ TM” ( ) symbol , and the “SM” (℠) symbol. Overview: Which Trademark Symbol Should I Use? Put the ® to the upper right of your trademark. In Windows.

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Corsearch

FEBRUARY 14, 2023

The average US consumer is planning to spend $192 on Valentine’s Day gifts in 2023, up by 8% from 2022 – and just shy of 2020’s record ($196), according to The National Retail Federation [2]. Can you trademark a holiday name? A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset.

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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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Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” ” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'”

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Sander Law

JUNE 22, 2022

Trademarks: Priority Foreign Filing Deadline. Trademark registration is jurisdictional, meaning you file applications to register a trademark in each country you want to protect your brand. Interested in registering your trademark in Canada or elsewhere? Paris Convention.

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LexBlog IP

MARCH 10, 2022

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Below are the most notable changes made by the TMA and key takeaways for trademark practitioners and brand owners. New Procedures for Challenging Registered Trademarks and Pending Applications.

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IP and Legal Filings

SEPTEMBER 21, 2022

Now the question arises that how does this practice of AdWords leads to Trademark infringement? Trademarks are the words, symbols or phrases that are legally registered by a company on its name by stating that these things are representing our business and no one can use it further to promote their business.

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LexBlog IP

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

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SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Image from here Mischief, Manifestation, and the Michelin Trademark! As an IP enthusiast, the author perceives this as a trademark matter. Its unauthorised use, hence, may be considered as infringement, where it is registered. By Dr. (Prof.)

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The IPKat

DECEMBER 14, 2023

February: In Nigeria, the Business Facilitation (Miscellaneous Provisions) Bill, 2022 , was signed into law. Furthermore, Nollywood actress Ann Njemanze sued famous filmmaker Zeb Ejiro and Filmone Entertainment and Film Trybe Media for infringing on her copyright and trademark of “DOMITILLA”. Today, it’s about the trade marks.

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SpicyIP

MAY 2, 2022

We’re pleased to bring you a timely guest post by Sangita Sharma on a recent order by the Delhi High Court, on the usage of a competitor’s registered trademarks as keywords or adwords. In an order dated 27th April 2022, Justice Pratibha M. Sangita Sharma. Relevant Background and Parties Submission. Defendant no.

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Selvam & Selvam Blog

NOVEMBER 3, 2022

The Delhi High Court’s Justice Jyoti Singh vide her order dated October 28, 2022 has vacated an ex-parte ad interim injunction (dated January 21, 2022) against Tata Sia Airlines for using the mark ‘Fly Higher’ in their promotional campaigns. The case, Frankfinn Aviation Services Private Ltd.

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IP and Legal Filings

JANUARY 31, 2023

The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. Brands will need to re-evaluate their filing strategies and determine if the mark is given enough protection in the meta-environment, provided that usage in the metaverse does actually amount to use as a trademark.

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Patently-O

OCTOBER 18, 2023

by Dennis Crouch In the trademark case of Great Concepts, LLC v. 2022-1212 (Fed. 18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. The DANTANA’S mark registered in 2005 as Registration No.

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SpicyIP

DECEMBER 5, 2022

The last date for applying for the position is December 31, 2022. on 25 November, 2022 (Delhi High Court). 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.

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SpicyIP

OCTOBER 7, 2022

We are pleased to bring you a guest post from Kartik Sharma and Aditya Singh, students at NLSIU, Bengaluru, on the recent decision by the Calcutta HC regarding the infringement of AMUL’s trademark. ‘AMUL’ Trademark Row: Scrutinizing Cal HC’s Ruling on Infringement. v Cadilla Pharmaceuticals and A.G.

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LexBlog IP

JANUARY 16, 2024

2022-1212) , where it had previously reversed the USPTO’s cancellation of a registered trademark. In short, Great Concepts beat Dan Tana (by a few years) to the trademark office to register its DANTANNA’S mark ( Registration No. Chutter, Inc. (No. 2929764 ) for restaurant services.

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The TTABlog

JUNE 1, 2022

The USPTO refused registration of the mark BREWSKI (in standard characters) for "Equipment sold as a unit for playing drinking games comprised of an apparatus for holding multiple cups," finding confusion likely with the registered mark BREWSKI BROTHERS for "sports balls" [BROTHERS disclaimed]. Welch 2022. Text Copyright John L.

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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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LexBlog IP

OCTOBER 20, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. 2022-1212). The Back Story In 2003, Great Concepts applied to register DANTANNA’S for restaurant services. Chutter, Inc.,

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43(B)log

FEBRUARY 15, 2022

Woo Signatures, LLC, 2022 WL 409957, No. 7, 2022) Another keyword ad-plus case fails. Defendants also allegedly unlawfully used variations of the Boost’s trademark “BoostLash,” as an adword. But we're here for the trademark parts of the case! BoostLash” is a registered trademark for “non-medicated eyelash growth serum.”

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43(B)log

SEPTEMBER 13, 2022

Warzone.com, LLC, 2022 WL 4117035, No. 15, 2022) Applying Gordon v. Activision sought to register trademarks for WARZONE and CALL OF DUTY WARZONE, which Warzone.com opposed. Eventually, this declaratory judgment/counterclaims for trademark-related claims resulted. Activision Publishing, Inc.

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IP and Legal Filings

MARCH 5, 2023

Riju Ghoshal, 2022 SCC OnLine Bom 626 acknowledged that the plaintiff’s “RPG” marks have grown to be recognised trademarks under Section 2(1)(zg) of the Act. The plaintiff had been utilising the RPG Enterprises Logo (Label) since 1987 and was the registered copyright owner of that logo in India.

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Kashishipr

AUGUST 17, 2022

As per a report, influencer marketing investment is expected to reach $15 billion in 2022. Here are a few reasons why content creators and social media influencers should consider registering their IP: IP registration helps establish ownership of the IP assets, which, in turn, helps enforce rights in the scenario of a legal dispute.

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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.”). Welch 2022.

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LexBlog IP

APRIL 27, 2023

There is a little-known provision of the Lanham Act (the US Trademark Act) that packs a potentially big punch. entity by serving the Director of the United States Patent and Trademark Office (USPTO). There is a little-known provision of the Lanham Act (the US Trademark Act) that packs a potentially big punch. In Equibal, Inc.

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