Patent Trademark Blog

MARCH 10, 2022

These two fancy names bear good news for trademark challengers. Anyone thinking of canceling a trademark registration should be encouraged by the Trademark Modernization Act. Known as TMA, the new rules give IP owners more cost-effective ways to attack trademark registrations based on non-use.

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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.: Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. trademark registrations.

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Patent Trademark Blog

NOVEMBER 16, 2021

Why is nonuse of a trademark registration a problem? The US trademark registration system differs from those of foreign countries which do not require usage of their registered trademarks. In the US, a registered trademark must be used continuously on the goods or services identified in the registration.

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Garrigues Blog

NOVEMBER 6, 2023

The General Court of the European Union recently refused to allow registration of the “BECAUSE THERE IS NO PLANET B” mark for cosmetic products, stationery and other accessories, holding that it lacked the distinctive character required for the general public to identify it as a trademark.

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Corsearch

FEBRUARY 14, 2023

While the price of consumer goods continues to climb, Valentine’s Day spending in the US is still on course to reach $26 billion in 2023 [1]. 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].

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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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The IPKat

APRIL 2, 2023

Wales Regional Meeting 2023 - Thursday 20 April at 12:30 pm in Cardiff The meeting will cover a wide range of topics including the transformation at the IPO, the UP and the UPC, and other issues relating to legal developments in the field. Info and registration here. More information here. More details here.

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The TTABlog

JANUARY 26, 2023

I often cringe at use of the word "trademark" as a verb, and Bob's article explains what the problem is. The Most Important Trademark Fact You Probably Don’t Know Client: “I’ve been in business for a couple of years now, and I want to trademark my company’s name.” Trademark Lawyer: “What do you mean you want to ‘trademark’ it?”

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The TTABlog

JANUARY 24, 2023

claiming trademark infringement and dilution of two registered trademarks for medical gloves, one mark consisting of the color purple and the other the color gray. Sri Trang then filed at the TTAB petitions for cancellation of the two registrations. Texas January 18, 2023). Welch 2023. O&M Halyard, Inc.

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The TTABlog

OCTOBER 19, 2023

2023 USPQ2d XXXX (Fed. The CAFC panel majority focused on the language of Section 14 of the Trademark Act, which "permits a third party to file '[a] petition to cancel a registration of a mark' '[a]t any time if' the registered mark’s 'registration was obtained fraudulently.'" Welch 2023. Chutter, Inc.

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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. 2023-1383 (Fed. registrations are cancelled, not marks - ed. ]. Luca McDermott Catena Trust v. Fructuoso-Hobbs SL , Appeal No. The CAFC agreed. [W]e

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The TTABlog

JUNE 7, 2023

The Board granted a petition to cancel a registration for the mark ARTNCRAFT for, inter alia , ceramic knobs and pulls, finding confusion likely with petitioner's identical, prior-used common law mark for overlapping goods. 92077340 (June 5, 2023) [not precedential] (Opinion by Judge Cynthia C. Welch 2023. Text Copyright John L.

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Registering Trademarks Registration Trademark Copyright 52

Patently-O

OCTOBER 18, 2023

by Dennis Crouch In the trademark case of Great Concepts, LLC v. 18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Of course, this balance of powers question goes far beyond the patent and trademark systems.

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LexBlog IP

JULY 12, 2023

The new social media platform Threads was launched on July 5, 2023. As users rush to join the platform, brands should also prioritize claiming accounts in order to guarantee the availability of their choice names—and to prevent potential bad faith registrants.

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SpicyIP

AUGUST 7, 2023

Lokesh wrote a post on the 2023 amendments to the Cinematograph Act, 1952 and put out the second post in our ‘SpicyIP Flashback’ series. Discussing the key amendments within the 2023 Act, Lokesh highlights the contentious issues within the law and how they may warrant clarification in the future. Case: VR Holdings v.

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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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LexBlog IP

APRIL 19, 2023

Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the common pitfalls associated with each form to avoid infringement allegations, storefront disruptions or closures, and even lawsuits. Registering trademarks with the U.S.

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SpicyIP

DECEMBER 5, 2022

The last date to send the entries is January 2, 2023. 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. Case Summaries. on 25 November, 2022 (Delhi High Court).

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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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43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. The order was temporarily stayed pending full authentication of the Colombian registrations.

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SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

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Kashishipr

SEPTEMBER 29, 2022

For instance, a trademark safeguards the brand name, slogan, logo, tagline, etc., A strong and robust IP portfolio should be created through appropriate IP registrations as they act as primary evidence in any litigation or enforcement proceedings. Due to the said Trademark Infringement , they got five lac rupees as damages.

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IIPRD

OCTOBER 14, 2022

It is overwhelming that the value of FinTech transactions is projected to increase from $66 billion in 2019 to US$138 billion in 2023 with a current rate of 20% compound annual growth. Thus, the programmers in FinTech are always to register their work before the competent Authority and protect their work from violation.

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IP and Legal Filings

JANUARY 22, 2023

Introduction To make it easier for consumers to identify the source of a specific commodity or service, trademarks serve this goal. This is why having a trademark is so crucial to the economy. A trademark communicates to the consumer the origin and calibre of the products or services. Defendant No.

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The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review.

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SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development.

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SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India. Visit this post for further details and submission guidelines.

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SpicyIP

JANUARY 9, 2023

Wheels of Trademark Go Round-and-Round: Analyzing the ‘Yezdi’ Order of Karnataka High Court. Registrar of Trademarks and Ors., whereby the court held the mark to be in custody of the court and held the registration of the mark ‘Jawa’ in favor of Respondent no. Registrar of Trademarks and Ors., Ideal Jawa (India) Ltd.

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43(B)log

APRIL 5, 2024

plaintiff's RAW defendant's Raw Garden Also over a dissent, the panel finds that a court can order trademark applications cancelled, not just registrations. plaintiff's RAW defendant's Raw Garden Also over a dissent, the panel finds that a court can order trademark applications cancelled, not just registrations.

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LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review.

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SpicyIP

DECEMBER 11, 2023

The DHC’s verbose order distinguishing between ‘goodwill’ and ‘reputation’ resets the debate on the fundamentals of transborder reputation claims in trademark litigation. The court held that the defendant’s mark is deceptively similar to the plaintiff’s “Tumorin” trademark. Castrol Limited & Anr.

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SpicyIP

AUGUST 14, 2023

Praharsh wrote on the Delhi High Court’s Division Bench order staying the operation of the Single Judge’s direction in Vifor “Product by Process Claims” case and on the Oppositions Status Report filed by the Trademark Registry before the Delhi High Court. Modern Foods v. Image from here Case: Akebia Therapeutics Inc v.

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SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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SpicyIP

MAY 15, 2023

Deadline for the Applications: 11:59pm IST, 23rd June, 2023. Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! Image from here The Delhi High Court has recently been remanding back a lot of unreasoned orders from the IP Offices rejecting a patent or trademark application.

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SpicyIP

JANUARY 8, 2024

Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India. Discussing the historical foundation of refusing registration to such marks Prof.

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SpicyIP

FEBRUARY 27, 2023

Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement IP firms sue others for infringement all the time, but it’s surely interesting when they themselves are involved in suits over their own IP. Coincidentally, this time too the petitioner was the Japanese car manufacturer Toyota. Case: TTK Prestige Ltd.

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SpicyIP

DECEMBER 8, 2023

The Delhi High Court, on 30 November 2023, determined that a mark’s global reputation or asserted goodwill alone would not suffice to establish a trans-border reputation claim. This lack of differentiation led to a limited discussion on the standalone importance of the reputational aspect associated with trademarks.

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