JD Supra Law

APRIL 13, 2023

Why You Should Attend - Recent years delivered major trademark law developments, underscoring the dynamism of this area of intellectual property law.

Trademark Law 52

Trademark Law Intellectual Property Law Trademark Law 52

JD Supra Law

APRIL 13, 2023

Why You Should Attend - Recent years delivered major trademark law developments, underscoring the dynamism of this area of intellectual property law.

Trademark Law 52

Trademark Law Intellectual Property Law Trademark Law 52

JD Supra Law

MAY 1, 2023

In January of this year, the China National Intellectual Property Administration (CNIPA) published its draft 5th Amendment to the Chinese Trademark Law (a translated version is posted.)

Trademark Law 52

Trademark Law Trademark Law Marketing 52

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. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks. pending or issued registrations) and those that are not.

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IP Intellectual Property Social Media Cease and Desist 98

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.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. Overall Theme and Key Takeaway It should be noted that this will be the 5 th round of major amendments to the China Trademark Law since it was first adopted in 1982.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

Copyright Lately

OCTOBER 20, 2024

The judge did side with the airline on its copyright infringement claim, ruling that Skiplagged had used American’s flight symbol logo without permission as recently as August 2023. American asserted that Skiplagged infringed its trademarked and copyrighted flight symbol when presenting search results.

Copyright 91

Copyright Fair Use Social Media Business 91

The TTABlog

OCTOBER 21, 2024

Farmer , the founder of Leading Edge Law Group, PLC , in Richmond, Virginia, has for more than 25 years written a monthly column for the Richmond Times on breaking legal issues in the e-commerce, intellectual property and high-tech fields. He also lectures annually for the Virginia bar on trademark law developments. pdf here ].

All Rights Reserved 49

All Rights Reserved Trademark Registration Intellectual Property 49

The TTABlog

JUNE 30, 2023

Yes] Finding Third-Party Registration Evidence Insufficient to Weaken Cited Mark, TTAB Affirms Section 2(d) Refusal of IMAGINE for Early Childhood instruction TTAB Renders Split Decision in "ELECTRIC LAST MILE SOLUTIONS" Section 2(d) Appeal Precedential No. Welch 2023. Goods in Trade: Precedential No.

Ownership 59

Ownership Registration Design Designs 59

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?

Registration 52

Registration Trademark Ownership Trademark Law 52

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

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 Brands 105

43(B)log

OCTOBER 10, 2023

FRIDAY, NOV 3 2023 8:45AM - 3:30PM More info ADVANCED REGISTRATION REQUIRED ATTEND AT THE UNIVERSITY OF NEW HAMPSHIRE FRANKLIN PIERCE SCHOOL OF LAW OR BY ZOOM. Full program.

Trademark Law 45

Trademark Law Law Trademark Registration 45

Intepat

MARCH 25, 2025

In a landmark 2023 decision, the District Court of Hamburg addressed trademark infringement related to perfumes. The court ruled against a digital magazine that had promoted dupe perfumes as “fragrance twins” of expensive brands, deeming this both trademark infringement and unfair competition.

Copying 59

Copying Branding Brands Branding 59

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.

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Trademark Registration Branding Brands 105

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. Welch 2023. Lanham Act, Section 45.

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Registration Branding Brands Branding 61

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.

Intellectual Property 71

Intellectual Property Intellectual Property Law Design Designs 71

Erik K Pelton

JUNE 10, 2023

For more details regarding about the proposal and all the fee changes, see: [link] You can submit comments of your own by June 12, 2023 here: [link] Comments of Erik M. Pelton & Associates, PLLC in person on Monday June 5, 2023, at the Trademark Public Advisory Committee Public Hearing on the Proposed Trademark Fee Schedule.

Business 130

Business Trademark Registration Inventor 130

IP and Legal Filings

MARCH 11, 2025

But what happens, however, when these trademarks become the focus point of contingent legal battles? The Trademarks Act, 1999 intends to interfere and offer some remedies so disputes can be sorted either on the ground of registration or infringement or even grounds of validity. Diesels Ltd., 2018) 2 SCC 112.

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Trademark Registration Litigation Trademark Law 52

Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. ” That’s true.

Trademark 133

Trademark Fair Use Trademark Law Branding 133

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. The contributory trademark infringement claim survives a motion to dismiss. 2023 WL 7325109 (N.D.

Trademark 115

Trademark Contracts Blogging Fair Use 115

Technology & Marketing Law Blog

DECEMBER 11, 2023

2023), I already had my red grading pen out. The low grade the court earned is a consequence of it losing many points by misstating the law, misapplying the law, and especially skipping over the part where it was supposed to share its analysis and instead just stated its conclusion. MSCHF Prod. Studio, Inc. LEXIS 32063 (2d Cir.

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Blogging Trademark Branding Brands 130

SpicyIP

SEPTEMBER 8, 2023

Within weeks of its grant, Dabur raised concerns about the ex parte nature of the order, asserting that it had not been granted the due opportunity to present its opposing arguments since the initial hearing took place on August 7, and the order was issued on August 9, 2023, before they could respond.

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Registration Trademark Marketing Marketing 111

IP and Legal Filings

SEPTEMBER 10, 2024

Mistakes to prevent when filing for a trademark Selecting a Descriptive Mark or a Generic Mark: One of the most repeated mistakes is selecting a descriptive or a generic mark for goods & services. Registration of everyday words such as “bottle”, “company” etc, is not allowed.

Trademark 96

Trademark Cease and Desist Branding Brands 96

Garrigues Blog

OCTOBER 22, 2024

Taking advantage of the hype around the series, a third party registered the character’s name as a trademark on March 31, 2023, over two years after the series had premiered. Companies need to guard against these attempts at misappropriation and defend their rights in order to protect their trademarks and products.

Trademark 52

Trademark Registration Intellectual Property Social Media 52

SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Anything we are missing out on?

Invention 52

Invention Trademark Reporting Editing 52

IP and Legal Filings

MARCH 28, 2024

Introduction The year 2023 was a high for Indian cinema- with the love of the country for the big screen soaring high with box office numbers. These registrations aid in allocating precedence. The problems arises that mere registration is not enough to grant legal protection, which is why the copyright becomes a necessity.

Cinema 98

Cinema Copyright Blogging Registration 98

SpicyIP

FEBRUARY 9, 2025

In 2023, another agreement was drawn upon which barred Abhinandan from using Lodha in any capacity. Further, HoABL has filed for registration of their TM in the same class (36- real estate affairs; 37- building construction) as Macrotech developers. It also means that both HoABL and Macrotech are involved in vertical development.

Branding 59

Branding Brands Branding Business 59

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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Government Business Trademark Blogging 147

Patently-O

JANUARY 26, 2024

by Dennis Crouch The Federal Circuit has just reissued this important trademark decision as precedential. Although registration was refused, the opinion explains that there is no per se prohibition on registering marks containing informational content as long as the mark also serves to identify a single commercial source.

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Registration Trademark Service Mark Trademark Law 64

The TTABlog

JANUARY 4, 2023

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., based cigar manufacturer that first obtained a COHIBA registration in 1981 and has sold COHIBA cigars in the U.S. General Cigar Co.,

Registration 61

Registration Trademark Law Trademark Branding 61

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. Eligibility Anyone interested in learning about the intersection between Law and Entrepreneurship with a specific focus on IPR are eligible.

Intellectual Property 105

Intellectual Property Technology IP Law 105

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.” Respondent’s deadline to file a response is March 29, 2023.

Registration 52

Registration Trademark Law Trademark Government 52

SpicyIP

MAY 3, 2023

April 13, 2023, it was revealed that the Indian Trademark Registry has undertaken to withdraw the above notices bringing the applications back to their original status. Removal of registrations for non-renewal Several registrations that have lapsed remain in the register without being renewed or restored. Via order dt.

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Trademark Reporting Contracts Registration 102

The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” It certainly is not the way you “get” a trademark. In the U.S.

Trademark 49

Trademark Registration Trademark Law Business 49

Trademark and Copyright Law Blog

DECEMBER 19, 2022

As we ring in 2023, sip some champagne and make a resolution to check in on your trademark portfolio more often. Here are a few productive questions to ask: Do your registrations cover your reality? Are you monitoring your trademarks in their natural habitat? It misses you! Are you prepared to meet deadlines?

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Trademark Registration Branding Brands 52

Selvam & Selvam Blog

JULY 29, 2024

Double/Multiple Priority: Double or multiple priority refers to a situation in trademark law where an applicant claims priority from more than one earlier trademark application or registration in a single claim when filing a new application in another jurisdiction. For instance, ABC, Inc., For instance, ABC, Inc.,

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Trademark Design Designs Registration 52