SpicyIP

MARCH 14, 2025

In Renaissance Hotel Holdings v B Vijaya Sai (2022) [discussed here ], the Supreme Court found the words Renaissance and Sai Renaissance visually, as well as phonetically similar. A similar approach was adopted by the Delhi High Court against a Canadian law firm named Singh + Singh LLP [discussed by Adyasha here ].

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IP and Legal Filings

JULY 13, 2024

Introduction In this blog I will discuss the registration obstacles for non-conventional marks in India and in the UK. In my analysis I will focus on sound marks and smell marks when discussing the development of the law in the two countries. What is a non-conventional trademark?

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The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

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43(B)log

FEBRUARY 24, 2022

Mikos, Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law, 75 Vanderbilt Law Review 161 (2022) Abstract: For decades, the United States Patent and Trademark Office (“PTO”) has required trademark owners to comply with sundry nontrademark laws governing the sale of their trademarked goods and services.

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Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

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Patently-O

JUNE 29, 2022

Coca-Cola stepped-in in 2016 seeking to cancel Meenaxi’s mark registrations. A case like this begins with the territorial doctrine of trademark law: Under the territoriality doctrine, a trademark is recognized as having a separate existence in each sovereign territory in which it is registered or legally recognized as a mark.

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LexBlog IP

FEBRUARY 16, 2024

trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on it being invalid? Can you file anything to strengthen your trademark registration against invalidation?

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43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.

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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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IPilogue

NOVEMBER 17, 2022

Alice Xie is an IPilogue Writer and a 1L JD Candidate at University of Western Ontario’s Faculty of Law. Can you file a trademark application for a restaurant and proceed to demand 1.5 The May 2022 Federal Court of Canada decision, Beijing Judian Restaurant Co. million dollars to sell that mark? Beijing Judian refused.

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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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The TTABlog

MARCH 7, 2022

Mikos takes the USPTO to task in his recent Vanderbilt Law Review article, "Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law" (pdf here ). He charges that "[i]n demanding compliance with sundry nontrademark laws, the PTO has lost sight of the statute it is supposed to administer." Welch 2022.

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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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IPilogue

AUGUST 4, 2022

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 18, 2022, the Federal Court of Canada released its decision for Beijing Judian Restaurant Co. That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA).

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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. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. However, in order to file a lawsuit of infringement, copyright registration is required.

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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.

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The IPKat

MAY 30, 2023

Belgian waffle Kat The IPKat is pleased to inform readers that the 'GRUR meets Brussels' conference is returning on 13 June 2023 and IPKat readers are entitled to receive a 30% discount in the registration fee. To claim the discount, readers should email Sandra von Lingen ( s.vonlingen@grur.org ) and use "IPKAT" in the subject-line.

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Canadian Intellectual Property Blog

JUNE 22, 2022

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. Currently, it takes approximately two years for a trademark application to mature to registration in Canada.

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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. Feb 25, 2022. March 4, 2022. Feb 22, 2022. Some examples under class 9 include: S.No. Application date. Description (shortened). TOMMY JEANS.

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IP and Legal Filings

AUGUST 11, 2023

This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 4] Second, the qualification for registering a trademark, both traditional and non-traditional, essentially remains the same.

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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.'” LEXIS 173321 (N.D.

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SpicyIP

OCTOBER 16, 2024

As a result, leading brands often find themselves embroiled in extended legal strifes in pursuit of the widest possible protection for their registrations. However, the ad hoc balancing act becomes complicated when it comes to colour limitations, as specified at the time of registration. The Madras High Court in the case of NMJ v.

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Garrigues Blog

OCTOBER 22, 2024

Background of the case: The series Emily in Paris and the character Pierre Cadault The series Emily in Paris has been a global success: it premiered in Europe on October 2, 2020, was renewed by Netflix for a second season in November 2020 and then for a third and fourth season in January 2022.

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Patent Trademark Blog

DECEMBER 7, 2022

What is the new deadline to respond to trademark Office Actions? When you’ve practiced trademark law long enough, you take certain things for granted. And, until recently, trademark Office Action deadlines were not extendable. Post-registration Office Actions will not be subject to this new deadline.

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The IPKat

NOVEMBER 28, 2023

The Board observed that it is an established general principle of EU trademark law is that deceptiveness of a mark must be assessed on the basis of the public's perception when they come into contact with such mark - e.g. at the time of purchase.

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43(B)log

FEBRUARY 16, 2023

2:21-cv-07929-MEMF(PVCx), 2022 WL 18674459 (C.D. 22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. Hollywood Unlocked, Inc.,

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IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

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SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. As per a NASSCOM report, India added a whopping over 1,300 active tech start-ups in the year 2022, taking the total tally of such start-ups to approx.

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The TTABlog

MARCH 2, 2022

Slade and yours truly, The TTABlogger , will present a webinar entitled "What Non-US Practitioners Need to Know About US Trademark Law and the Recent Trademark Modernization Act ("TMA")," on March 10th from Noon to 1 PM EST , sponsored by Wolf, Greenfield & Sacks, P.C. Welch 2022. Admission" is free. Register here.

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The TTABlog

FEBRUARY 24, 2022

Slade and yours truly, The TTABlogger , will present a webinar entitled "What Non-US Practitioners Need to Know About US Trademark Law and the Recent Trademark Modernization Act ("TMA")," on March 10th from Noon to 1 PM EST , sponsored by Wolf, Greenfield & Sacks, P.C. Welch 2022. Admission" is free. Register here.

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SpicyIP

FEBRUARY 9, 2025

According to this article , Abhinandan claims that the non-compete clause operated from 2017-2022 and was limited to Mumbai and London. Further, HoABL has filed for registration of their TM in the same class (36- real estate affairs; 37- building construction) as Macrotech developers. Prafull (2013).

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IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it.

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IPilogue

MARCH 20, 2023

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On November 2, 2022, the Ontario Superior Court of Justice ruled that goodwill does not exist when the registered trademark has not been used. The motion court first hearing the case misapplied the fundamental principles of trademark law.

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Trademark Social Media Registering Trademarks Trademark Law 105

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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The TTABlog

JANUARY 4, 2023

On December 20, 2022, in a precedential opinion in Empresa Cubana Del Tabaco d.b.a. the TTAB ordered cancellation of two registrations for the mark COHIBA for cigars, one in typeset and one in stylized form. The owner of the cancelled registrations is General Cigar Co., can cancel a subsequent trademark registration in the U.S.

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IP and Legal Filings

JUNE 26, 2023

However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.

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LexBlog IP

MARCH 10, 2023

Section 2(c) prohibits registration of any mark that consists of “a name, portrait, or signature identifying a particular living individual except by his written consent.” . § 1052) in refusing to register Elster’s mark that used a living individual’s name, because it impermissibly restricted free speech.

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