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.)

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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. 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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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.

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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.

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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 ].

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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.

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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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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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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.

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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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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.

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SpicyIP

JANUARY 23, 2023

on 12 January, 2023 (Delhi High Court) Division bench of Delhi High Court dismissed an appeal against an interim injunction order by the Single judge bench. on 12 January, 2023 (Delhi High Court) Delhi High Court accepted the appeal and directed the CGPDTM to consider the matter afresh and pass a reasoned order.

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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.

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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.

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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.

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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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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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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.

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SpicyIP

FEBRUARY 4, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Gensol EV also created a “ezio” logo for the vehicle design and secured a registration of the word mark EZIO on a proposed to be used basis ( Class 12 ) with the Trade Marks Registry.

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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

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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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.,

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

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

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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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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.

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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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LexBlog IP

JANUARY 9, 2024

In a recent decision, the United States Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (“Board”) to deny registration of “EVERYBODY VS RACISM” because the “public is unlikely to associate the mark. 2022-1961, 2023 U.S. In re GO & Assocs.,

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43(B)log

OCTOBER 11, 2023

22-1373 (GMM), 2023 WL 6201397, -- F. 22, 2023) Plaintiffs own Roberto Clemente’s IP rights and a registration for ROBERTO CLEMENTE for “figurines, statues and statuettes made of non-precious metal; beer cans made of non-precious metal sold empty.” (The Urrutia, No.

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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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IP and Legal Filings

DECEMBER 23, 2023

However, a caveat to this is that the use of a similar mark can still be permitted on different products or services, though it may not be eligible for registration as a domain name. [3] It also held that when possessor of a trademark has prior and exclusive usage, they not only possess superior title but also absolute ownership.

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Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Never has, never will. Case citation : Yuga Labs, Inc. Ripps , CV 22-4355-JFW(JEMx) (C.D.

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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.

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Technology & Marketing Law Blog

JUNE 8, 2024

In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” ” But the trademark registration was over 5 years old, so it had become “incontestable.” Yum, and easily veganized.

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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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IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. INTRODUCTION For consumer identification and brand protection a crucial mechanism is important which is served by trade mark law. v] Case study Institute of Directors v. yahoo india!

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LexBlog IP

MARCH 9, 2023

For creators and sellers of NFTs: The crux of trademark law is to protect consumers from confusion about the source and affiliations of products and services so they can make informed decisions. 22-cv-384 (JSR), 2023 U.S. 2, 2023) (citation omitted).) Ownership of trademark rights is not contingent on a registration.

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