The TTABlog

FEBRUARY 29, 2024

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled three oral hearings for the month of March 2024. March 18, 2024 - 3 PM: A.E. March 20, 2024 - 1 PM: Thomas W. March 28, 2024 - 11:15 AM (CDT) (Southern University Law Center, Baton Rouge, Louisiana.): Tribe, LLC v. Dave Dean , Opposition No. Fiveable Inc.

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Registration Art Law Trademark 60

CoCal IP Law Institute

JUNE 28, 2024

Colorful Conflicts and Bold Boundaries: A Sampling of Trademark Law in 2024 The first half of the year has seen notable developments in trademark law. Key cases have addressed the limits of parody in trademark use, the challenges of proving distinctiveness for product designs, and the ongoing debate over free speech in trademark registration.

Trademark Law 52

Trademark Law Trademark Law Registration 52

The TTABlog

JUNE 10, 2024

In an attempt to side-step a Section 2(d) refusal of the mark shown below, for "gin," Petitioner Iron Balls International petitioned to restrict Respondent Bull Creek's registration for the mark IRON BALLS for "beer" to "“micro-brewed craft beer." 92079099 (June 4, 2024) [precedential] (Opinion by Judge David K. Welch 2024.

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Registration Litigation Branding Brands 95

Indiana Intellectual Property Law

JULY 8, 2024

The U.S. (..)

Registration 52

Registration Trademark Music Business 52

JD Supra Law

MARCH 20, 2024

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork.

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Artwork Publishing Registration Copyright 66

BYU Copyright Blog

APRIL 29, 2024

New Generative AI Copyright Disclosure Act of 2024 Introduced Legislation or Federal Rulemaking,Artificial Intelligence April 29, 08:59 AM April 29, 08:59 AM On April 09, 2024, a new piece of legislation was introduced in the U.S. A simple statement of disclaimer must be included in the registration application. 349 (1884).

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Copyright Registration Artwork Copyright Law 52

JD Supra Law

JANUARY 19, 2024

Addressing the issue of analogous trademark use, the Trademark Trial & Appeal Board designated precedential a September 6, 2022, decision in which the Board cancelled a registration for CAPTAIN CANNABIS based on the petitioner’s evidence of prior use that was “analogous to trademark use.” 3, 2024) (Wolfson, Lynch, Larkin, ATJs).

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Registration Trademark Designs Design 107

Sander Law

JULY 30, 2023

2024 CIPO fee increases The Canadian Intellectual Property Office (CIPO) is applying a one-time fee increase of 25% to most of its fees for trademarks, patents, copyright and industrial design registrations. Each additional class in registration - $131.58 --> $173.00 Avoid the 2024 CIPO fee increases.

Intellectual Property 52

Intellectual Property Registration Trademark Patent Application 52

The TTABlog

MAY 15, 2024

In another of those battles between a rock band and one of its members, the Board again sided with the band, granting a petition for cancellation of a registration for THE PLIMSOULS for "entertainment in the nature of live performances by a musical band." 92076883 (May 8, 2024) [not precedential] (Opinion by Judge Michael B.

Ownership 106

Ownership Registration Music Licensing 106

The TTABlog

DECEMBER 29, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled seven (7) oral hearings for the month of January 2024. January 4, 2024 - 11 AM: In re Kattina V. January 11, 2024 - 11:30 AM: In re Loops, LLC , Serial No. January 11, 2024 - 11:30 AM: In re Loops, LLC , Serial No. January 25, 2024 - 1 PM: Instagram LLC v.

Editing 64

Editing Designs Design Branding 64

JD Supra Law

JANUARY 4, 2024

As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. Do your registrations cover your reality? It misses you! Here are a few productive questions to ask: 1. You may have launched new brands or drastically redesigned your logo since you last interacted with the USPTO.

Trademark 71

Trademark Branding Brands Branding 71

The IPKat

JUNE 10, 2024

Last month, I had the opportunity and privilege to speak at the EUIPO Case Law Conference 2024 and present the challenges of trademark modernization, under the heading “Reconciling the Old with the New: Challenges of Trade Mark Modernization” [see IPKat here ].

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Law Registration Publishing Designs 67

The TTABlog

APRIL 1, 2024

1: TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use Section 2(e)(1) - Mere Descriptiveness: Precedential No. Welch 2024. In 2023, What Was The Rate of TTAB Affirmance of Section 2(d) Refusals to Register? Precedential No. Guess What?

Designs 56

Designs Design Registration Trademark 56

Indiana Intellectual Property Law

APRIL 17, 2024

7333601 NEURO SUPPORT PLUS 7335961 ADVOCATE.

Registration 52

Registration Trademark Business Designs 52

Copyright Lately

DECEMBER 4, 2023

Oh Mickey, you’re so fine—but you’re not alone: An avalanche of copyrighted works will enter the public domain in the United States on January 1, 2024. public domain on January 1, 2024—and that’s a shame. notice, registration, and renewal) formerly imposed under U.S. Here’s what it all means. copyright terms.

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Public Domain Music Copyright Publishing 117

Indiana Intellectual Property Law

JUNE 14, 2024

The U.S. (..)

Registration 52

Registration Trademark Higher Education Technology 52

LexBlog IP

NOVEMBER 15, 2023

Canadian brand owners should prepare now for fee increases coming into force in 2024. The fees to record assignments and other transfers of title are increasing to $125 per application/registration (up from the current rate of $100). Overall, fees are set to increase by 20 to 35%.

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

APRIL 30, 2024

In another precedential procedural ruling, the Board held that, because a registration expires by law as of its sixth anniversary if a Section 8 declaration is not filed before the expiration of the six-month grace period, a petition for cancellation filed during the grace period is deemed moot and judgment cannot be entered against the respondent.

Registration 60

Registration Law Trademark Copyright 60

The TTABlog

MARCH 17, 2024

The Board granted a petition for cancellation of a registration for the mark VIPER SPORTS for "“batting gloves; baseball batting gloves," finding confusion likely with the common law mark VIPER for batting gloves. 92078710 (March 8, 2024) [not precedential] (Opinion by Judge Karen S. Welch 2024. Viper Bats Inc. Cancellation No.

Registration 56

Registration Social Media Trademark Business 56

LexBlog IP

DECEMBER 31, 2023

In 2024, the trademark process timeline to registration can take between twelve to eighteen months at the United States Patent and Trademark Office (“USPTO”). Even with the long wait times, the good news is that after registration, trademark protection is retroactive to the filing date.

Trademark 52

Trademark Registration Publishing Branding 52

JD Supra Law

JANUARY 30, 2024

trademark registrations and pending applications for registration to utilize a simplified and streamlined procedure for obtaining trademark protection in many foreign jurisdictions. This treaty allows owners of U.S. By: Locke Lord LLP

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Registering Trademarks Registration Trademark 66

JD Supra Law

JANUARY 15, 2024

As of January 1, 2024, several famous works have lost their copyright protection and entered into the public domain. For many companies with identifiable characters, preserving and extending their copyright protections is a top priority. By: Morgan Lewis - Tech & Sourcing

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Registration Copyright Public Domain 66

The TTABlog

JUNE 17, 2024

Court of Appeals for the Fourth Circuit has ruled that Bacardi's challenge to the USPTO's renewal of the registration for that mark may be heard in the federal courts. June 13, 2024) [published]. June 13, 2024) [published]. Bacardi & Co. Vidal , Appeal No. 22-1659 (4th Cir. Its application for renewal was then accepted.

Registration 49

Registration Trademark Intellectual Property Licensing 49

LexBlog IP

SEPTEMBER 13, 2023

2024 Changes to International Trademark Classifications by Melanie Lane Understanding WIPO’s 2024 Nice Classification Changes: Impact on the USPTO’s §6.1 of 37 CFR Part 6, aligning it with the 12th edition, version 2024, of the Nice Classification published by the World Intellectual Property Organization (WIPO).

Trademark 52

Trademark Intellectual Property Editing Registration 52

Indiana Intellectual Property Law

MAY 2, 2024

The U.S. (..)

Registration 52

Registration Trademark Designs Design 52

JD Supra Law

JUNE 17, 2024

Planting Hope had a registration for the RIGHTRICE trademark, but that registration was canceled in January 2024 by the U.S. Patent & Trademark Office (“USPTO”) in a default judgment proceeding after Planting Hope failed to respond to a petition for cancellation.

Trademark 115

Trademark Registering Trademarks Registration Patent 115

JD Supra Law

JUNE 6, 2024

The World Intellectual Property Organization (WIPO) recently published its annual Madrid Yearly Review, offering a comprehensive overview of the facts, figures, and analyses of the international registration of marks. By: Womble Bond Dickinson

Publishing 63

Publishing Intellectual Property Registration 63

JD Supra Law

JUNE 20, 2024

23-1214 (1st Cir June 10, 2024) (Barron, C.J.; The Court concluded that dismissal for failure to register the copyright was not “on the merits,” and therefore preclusion did not apply. Marvic Inc. Lipez, Kayatta, JJ.). By: McDermott Will & Emery

Registration 66

Registration Copyright Infringement Copyright 66

SpicyIP

APRIL 26, 2024

Speakers Biswajit Dhar International Trade Expert and Distinguished Professor, Council for Social Development, Delhi Leena Menghaney Public Health, Intellectual Property and Access to Treatment Expert MSF Access Campaign Date 26th April, 2024 Time 6 to 7 pm (Indian Standard Time) Registration Link [link]

Intellectual Property 56

Intellectual Property Patent Registration IP 56

LexBlog IP

JUNE 26, 2023

On June 1, 2023, the Canadian Intellectual Property Office (CIPO) introduced amendments to fee schedules set out in the Patent Rules, Trademarks Regulations, Industrial Design Regulations, and Copyright Regulations and will take effect by January 1, 2024. as of January 1, 2024. to $555.00 to $225.00 Her bio can be viewed here.

Intellectual Property 52

Intellectual Property Patent Application Trademark Blogging 52

JD Supra Law

JUNE 28, 2024

Under the rule, all trademark applicants, registrants, and proceeding parties must provide their “domicile address” in trademark filings, so the USPTO can determine whether they are a foreign-domiciled party that must be represented by a U.S.

Marketing 66

Marketing Marketing Registration Licensing 66

The TTABlog

MARCH 22, 2024

Bertini petitioned to cancel a registration for the mark APPLE for a host of entertainment and other services in class 41, claiming that Apple Inc. 92068213 (March 20, 2024) [not precedential] (Opinion by Judge Peter W. Hard to do without thorough discovery, probably including a deposition of the registrant. Welch 2024.

Registration 60

Registration Service Mark Trademark Copyright 60

Indiana Intellectual Property Law

MARCH 5, 2024

The U.S. (..)

Registration 52

Registration Trademark Marketing Marketing 52

The TTABlog

APRIL 8, 2024

The Board granted a petition for cancellation of a registration for the mark TEEN EARTH for "entertainment in the nature of beauty pageants" on the ground of abandonment. 92076712 (April 4, 2024 [not precedential] (Opinion by Judge Michael B. Speaking of proving nonuse/abandonment, here's an instructive opinion right on point.

Registration 64

Registration Trademark Copyright 64

JD Supra Law

JULY 2, 2024

The USPTO Trademark Trial and Appeal Board issued a precedential decision on April 12, 2024, in favor of Sage Therapeutics, finding a likelihood of confusion between Sage’s SAGE CENTRAL mark and the mark SAGEFORTH, and refused registration of the SAGEFORTH trademark. By: Sunstein LLP

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Trademark Registration 73

DuetsBlog

OCTOBER 18, 2023

Instead, it held “that Section 14 [of the Lanham Act] does not authorize the Board to cancel a registration based on a fraudulent Section 15 Declaration,” correcting almost fifty years of the TTAB believing otherwise. Based on the statute, we reverse the Board’s cancellation of Great Concepts’ registration.

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Registration Trademark 52

Garrigues Blog

NOVEMBER 24, 2022

It contended that the registration sought only to circumvent copyright provisions In particular, the fact that any enforcement initiatives would require the author to disclose his identity, thus waiving his preciously guarded anonymity. Finally, the Board holds that there is no requirement to use the mark prior to registration.

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Registration Trademark Art Blogging 52