Patently-O

FEBRUARY 3, 2023

by Dennis Cxrouch In re Lizzo LLC (TTAB 2023) In a new precedential opinion, the PTAB has sided with the musical artist Lizzo — agreeing to register her mark “100% THAT B H” for use on apparel. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

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Registration Trademark Social Media Designs 128

The TTABlog

JANUARY 5, 2024

The TTABlogger has once again chosen the ten (10) TTAB (Tee-Tee-Ā-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year (2023). In re Seminole Tribe of Florida , 2023 U.S.P.Q.2d 2d 631 (TTAB 2023) [precedential] (Opinion by Judge Melanye K. Adlin) [ TTABlogged here ].

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Registration Design Designs Ownership 78

The IPKat

SEPTEMBER 27, 2022

The Office underlined that the 2023 draft Guidelines (see here ) will set out such a practical approach (see here the draft of Trade Marks Guidelines , section “6.25 Challenges involving designs in the metaverse were also addressed. Downloadable goods and virtual goods” ), on which stakeholders can still comment before 3 October 2022.

Designs 144

Designs Design Non-Fungible Tokens Editing 144

The TTABlog

SEPTEMBER 1, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of September 2023. September 7, 2023 - 11:15 AM [In Person, North Carolina Central University School of Law, Durham, NC]: In re Vinedo de Zorra, LLC , Serial No. September 12, 2023 - 11 AM: Montgomery Law LLC v.

Registration 67

Registration Design Designs Trademark 67

Indiana Intellectual Property Law

SEPTEMBER 11, 2023

Trademark Office issued the following 174 trademark registrations to persons and businesses in Indiana in August 2023 based on applications filed by Indiana trademark attorneys: Reg. 70% SYNTHETIC HAIR. 70% SYNTHETIC HAIR.

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Registration Trademark Design Designs 52

SpicyIP

OCTOBER 1, 2024

We are pleased to bring to you this sponsored post by IP Press on the extension of the registration deadlines for their Comprehensive Course on Patents, in collaboration with S. The deadline for registration has now been extended to October 4. Majumdar & Co. But this time, we have with us our ‘exclusive knowledge partner’, S.

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Registration Intellectual Property IP Patent Drafting 81

TorrentFreak

NOVEMBER 30, 2023

That included those whose names appeared in public WHOIS databases as registrants or owners of domains. In an August 2023 joint submission to the United States Patent and Trademark Office (USPTO), Hollywood, the recording industry, TV companies, the gaming industry and publishers left little doubt that patience had run out.

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Registration Public Domain Privacy Intellectual Property 102

Patent Trademark Blog

JULY 13, 2023

Can you copyright product designs and shapes? In addition to patents and trademarks, copyright registrations can be valuable in protecting certain products. Copyright registrations, therefore, may help to protect the 2-dimensional artwork of a design, the 3-dimensional shape of a product or a combination of both.

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Designs Design Copyright Artwork 52

Patently-O

MAY 15, 2023

by Dennis Crouch The United States Patent and Trademark Office has proposed a rule to create a separate design patent practitioner bar. The USPTO is publishing this proposal in the Federal Register on May 16, 2023 (link below to the prepub). The proposal appears to not affect those already registered to practice.

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Design Patent Designs Design Graphic Design 75

The TTABlog

JANUARY 3, 2024

The Board issued 34 precedential opinions in calendar 2023, a total slightly lower than in recent years. 34: TTAB Dismisses Monster Energy's Section 2(d) Claim On Summary Judgment Due to DIssimilarity of Design Marks Precedential No. The Board has made available a form for nominating a Board decision as precedential. link here ).

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Registration Ownership Trademark Designs 85

The TTABlog

OCTOBER 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled six oral hearings for the month of November 2023. November 2, 2023 - 1 PM: Baxter S.r.l. 91263387 [Opposition to registration of BAXTON STUDIO for furniture, on the ground of likelihood of confusion with the registered mark BAXTER for furniture.] Welch 2023.

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Registration Business Design Designs 67

The TTABlog

JULY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of August 2023. August 3, 2023 - 11 AM: TF Intellectual Property Pty Ltd v. August 3, 2023 - 1 PM: Mealpass, Inc. August 8, 2023 - 11 AM: In re Molina Healthcare, Inc. August 9, 2023 - 11 AM: Billy Stott v.

Contracts 52

Contracts Registration Designs Design 52

The TTABlog

OCTOBER 24, 2023

The Board recently decided three Section 2(d) oppositions in which it held oral arguments in August 2023. 91263939 (September 28, 2023) [not precedential] (Opinion by Judge Frances S. 91247343 (September 6, 2023) [not precedential] (Opinion by Judge George C. Kuhlke) [Opposition to registration of FOUR SEASONS OUTDOOR LIVING CO.

Registration 67

Registration Design Designs Branding 67

Indiana Intellectual Property Law

FEBRUARY 10, 2023

Trademark Office issued the following 132 trademark registrations to persons and business in Indiana in January 2023 based on applications filed by Indiana trademark attorneys: Reg. 6944877 LAKE ESCAPE 6939584 REPAIRWARES GET IT RIGHT THE FIRST TIME. 6944877 LAKE ESCAPE 6939584 REPAIRWARES GET IT RIGHT THE FIRST TIME.

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Registration Trademark Design Designs 52

LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

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Designs Design Intellectual Property Intellectual Property Law 40

The TTABlog

JANUARY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled six (6) oral hearings for the month of February 2023. February 7, 2023 - 1 PM: Eden Foods, Inc. February 9, 2023 - 1 PM: National Academy of Television Arts and Sciences and Academy of Television Arts and Sciences v. Kraferd , Opposition No. Haas Outdoors, Inc.

Television 57

Television Registration Art Designs 57

The TTABlog

FEBRUARY 28, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled eight oral hearings for the month of March 2023. March 7, 2023 - 10 AM [Virtual]: Alaskan Brewing & Bottling Co. 91264066 [Section 2(d) opposition to registration of ALASKA TRAILS PALE ALE. March 8, 2023 - 11 AM [Virtual]: In re Garan Services Corp.

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Design Designs Registration Journalism 57

The TTABlog

JULY 25, 2023

The latest issue of Allen's Trademark Digest includes a compilation of my capsule summaries of the precedential "Decisions of the Federal Circuit and the Trademark Trial and Appeal Board on Registrability Issues - July 2022 to June 2023." Welch 2023. download pdf here ]. Set out below is my brief introduction to the compilation.

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Registration Music Trademark Designs 52

The TTABlog

NOVEMBER 17, 2023

In a highly detailed and instructive opinion, the Board granted a petition for cancellation of a registration for the product configuration shown below, for a "spring-loaded glass-breaking device," on the ground of de jure functionality under Section 2(e)(5). 92078038 (November 14, 2023) [not precedential[ (Opinion by Judge Jonathan Hudis).

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Registration Designs Design Advertising 67

Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers. Vidal (4th Cir.

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Designs Design Cease and Desist Design Patent 74

The TTABlog

OCTOBER 11, 2023

Plus, the designs are different, and surely "indestructible" is a laudatory and weak term. 88615185 (October 3, 2023) [not precedential] (Opinion by Judge Mark Lebow). As to the goods, applicant's "shoes" encompass registrant's athletic "footwear." Welch 2023. How do you think this appeal came out? Text Copyright John L.

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Designs Design Registration Copyright 62

Patently-O

APRIL 4, 2023

2023) Apple Records was founded by The Beatles in 1968 and quickly became a success, producing many hit records in the late 1960s and early 1970s. Bertini filed an opposition to Apple’s TM registration which the TTAB eventually dismissed. by Dennis Crouch Bertini v. Apple Inc. , — F.4th 4th — (Fed.

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Music Registration Trademark Settlement 111

The TTABlog

APRIL 3, 2023

TTAB Sustains Section 2(d) Opposition to RAMEN HOOD & Design for Asian-Themed Restaurant Services TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Yes] TTABlog Test: Is AGI2 for Lighting Fixtures Confusable With AGI & Design for Architectural Signage Lighting? Precedential No.

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Registration Design Designs Trademark 70

The TTABlog

DECEMBER 1, 2023

Global Commodities petitioned for cancellation of a registration for the mark shown below left, claiming likely confusion with its registered mark shown below right, both for "rice." 92078857 (November 29, 2023) [not precedential] (Opinion by Judge Mark A. The Board found petitioner's "fawn" design mark to be inherently distinctive.

Designs 70

Designs Design Registration Marketing 70

Indiana Intellectual Property Law

JUNE 9, 2023

Trademark Office issued the following 190 trademark registrations to persons and businesses in Indiana in May 2023 based on applications filed by Indiana trademark attorneys: Reg.

Registration 52

Registration Trademark Designs Design 52

The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. referred to as the "Ridge Designs"). ERB Industries, Inc.

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Registration Advertising Advertising Design 68

The TTABlog

DECEMBER 30, 2022

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine (IX) oral hearings for the month of January 2023. January 10, 2023 - 1 PM: In re OptConnect Management, LLC , Serial Nos. January 12, 2023 - 2 PM: Ultrasun AG v. January 17, 2023- 1 PM: In re Nature Cravings Pet Treats LLC , Serial Nos.

Registration 57

Registration Advertising Advertising Designs 57

The IPKat

NOVEMBER 17, 2024

Drawing on 2023 filing, registration and renewals statistics from national and regional IP offices and WIPO, WIPI covers patents, utility models, trade marks, industrial designs, microorganisms, plant variety protection and geographical indications. This annual survey analyzes IP activity around the globe. programmes: - LL.M.

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Intellectual Property Editing Reporting IP 64

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. If you missed our live presentation, you can view a recording here. In Abitron Austria GmbH et al v. Jianxing Micarose Trade Co.,

Trademark 52

Trademark Registration Branding Branding 52

Indiana Intellectual Property Law

JULY 13, 2023

Trademark Office issued the following 119 trademark registrations to persons and businesses in Indiana in June 2023 based on applications filed by Indiana trademark attorneys: Reg.

Registration 40

Registration Trademark Designs Design 40

IP Tech Blog

JANUARY 22, 2024

Copyright Office’s AI Initiative launched in early 2023. Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork.

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Registration Art Copyright Editing 62

The TTABlog

JUNE 30, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled four (IV) oral hearings for the month of July 2023. July 13, 2023 - 11 AM: In re Molina Healthcare, Inc. July 18, 2023 - 2 PM: In re Locals Technology Inc. July 19, 2023 - 1 PM: TF Intellectual Property Pty Ltd v. Welch 2023. Serial Nos. Serial Nos.

Television 57

Television Technology Design Designs 57

The TTABlog

JUNE 30, 2023

TTABlog Test: Is CLAIM WATCHER Confusable With CLAIM WATCH & Design for Certain Insurance Claim Services? [No] TTABlog Test: Is "K2 MOTORCARS & Design" Confusable With "K2 MOTOR & Design" For Automobile-Related Services? [No] Welch 2023. Goods in Trade: Precedential No.

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Ownership Registration Design Designs 57

The IPKat

FEBRUARY 29, 2024

In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims.

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Designs Design Registration Intellectual Property 60

Dear Rich IP Blog

AUGUST 27, 2023

Dear Rich: I am adapting needlework-like designs used in pottery/chinaware by creating patterns for needleworkers. What are the laws covering those designs for which I cannot get permission? What will happen if you use chinaware designs without permission? That depends on these factors: Do you need permission?

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Designs Design Copyright Notice Public Domain 52

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

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Registration Trademark Trademark Law Law 95

The IPKat

DECEMBER 14, 2023

This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Interested readers can find the Africa IP Highlights 2022, here. Today, we begin with developments in the copyright field.

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Copyright IP Social Media Copyright Infringement 91