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.

Branding 52

Branding Brands Branding Intellectual Property 52

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. May 23, 2024) [Precedential]. registrations are cancelled, not marks - ed. ]. Welch 2024. Luca McDermott Catena Trust v. 2023-1383 (Fed.

Registering Trademarks 56

Registering Trademarks Registration Trademark Ownership 56

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. In re GO & Assocs., 2022-1961, 2023 U.S.

Trademark 52

Trademark Trademark Law Registration Licensing 52

Intepat

JULY 4, 2024

On April 11, 2024 the United States Patent and Trademark Office (USPTO) issued Guidance on the use of Artificial Intelligence Based Tools (“Guidance”) by applying the existing rules and policies to the use of Artificial Intelligence (AI). However, experts agree that AI enhances human decision-making rather than replacing it.

Trademark 52

Trademark Confidentiality Intellectual Property Trademark Law 52

LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

Technology & Marketing Law Blog

JUNE 8, 2024

” But the trademark registration was over 5 years old, so it had become “incontestable.” Trademark policymakers should scrutinize this case to figure out how and where the system failed those consumers. CPUSA2, LLC , 2024 WL 2836241 (S.D. June 4, 2024) BONUS: RVC Floor Decor, Ltd. June 5, 2024).

Trademark 100

Trademark Advertising Advertising False Advertising 100

SpicyIP

MAY 30, 2024

The extended protection is susceptible to misuse if owners of well-known trademarks enforce their rights against bona fide users too. FCB on May 2, 2024 observed that the owner of well-known trademark does not have an absolute right to apply for rectification of all (allegedly similar) marks already in the Register.

Trademark 45

Trademark Marketing Marketing Registration 45

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. No] TTABlog Test: Is Puma's "PROCAT" Confusable with Caterpiller's "CAT" for Footwear?

Ownership 56

Ownership Registration Designs Design 56

SpicyIP

JANUARY 31, 2024

Upon cross-checking, while I couldn’t see a separate registration for the above tagline, I found the registered mark “ Daryaganj – By the inventors of Butter Chicken and Dal Makhani (Logo and device) ” Given these details (i.e., The plaintiffs’ precise argument and its foundation—be it registration or reputation—remain ambiguous.

Inventor 64

Inventor Ownership Reporting Registration 64

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc. Read the opinion here.

Trademark 52

Trademark Marketing Marketing Contracts 52

IP and Legal Filings

MAY 8, 2024

The trademark Blenders Pride was adopted in 1973 by plaintiffs and was registered in favour of Seagram’s Company Limited, which is house mark of plaintiffs. The plaintiffs have obtained registration in respect of their trademark in Class-33. The plaintiffs have objected that defendant is imitating their trades marks.

Trademark 52

Trademark Intellectual Property Branding Brands 52

The TTABlog

FEBRUARY 6, 2024

Brunetti on the registration of trademarks that refer to LGBTQ+ persons. With the door opened to registration of slurs as trademarks, what LGBTQ+-oriented marks have been registered? The article may be downloaded here , and it appears in 2024 U. LGBTQ+ slurs can now be registered as federal trademarks.

Trademark 67

Trademark Registration Trademark Law Law 67

The TTABlog

APRIL 17, 2024

April 15, 2024). Citing Wal-Mart , the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier." That same principle applies to trademark registration. Welch 2024. The district court had also found the configuration to be de jure functional.

Designs 60

Designs Design Advertising Advertising 60

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.

Registration 62

Registration Trademark Service Mark Trademark Law 62

SpicyIP

FEBRUARY 21, 2024

Rather, after analysing the legislative intent of the TRA, conflicting High Court judgements on the said issue and the earlier position of trademark law in India, the Court referred the matter to a larger bench for reconsideration. Stay of proceedings where the validity of registration of the trade mark is questioned Absent in the Act.

Trademark 90

Trademark Intellectual Property Designs Design 90

SpicyIP

DECEMBER 12, 2023

The matter is listed before the court on 22 March 2024. 316 US 203] “the protection to trademark is the law’s recognition of the psychological functions of the symbols”. Mr. Jacob Jacoby in his article, “The Psychological Foundations of Trademark Law: Secondary Meaning, Generism, Fame, Confusion, Dilution.”

Trademark 59

Trademark Branding Brands Branding 59

IP and Legal Filings

FEBRUARY 7, 2023

According to a Bloomberg Intelligence report [2] , the worldwide revenue opportunity from the metaverse is predicted to hit $800 billion in 2024, up from the estimated $500 billion in revenue generated by the metaverse in 2020. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 86

Trademark Non-Fungible Tokens Branding Brands 86

The TTABlog

JULY 2, 2024

TTAB Orders Cancellation of "THE PLIMSOULS" Registration on Ownership and Likelihood of Confusion Grounds, Rejects Abandonment Claim Another Section 2(d) Reversal: USPTO Fails to Prove Cosmetics Are Related to Flatware and Other Household Goods /li> BREAKING!

Registration 67

Registration Ownership Trademark Reporting 67

Technology & Marketing Law Blog

JUNE 27, 2024

By Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court held in Elster that Section 2(c) is consistent with the First Amendment, but the Justices disagree on how to evaluate the constitutionality of trademark restrictions In a unanimous opinion published on June 13, 2024, the US Supreme Court held in Vidal v.

Registration 95

Registration Blogging Trademark Law 95

43(B)log

AUGUST 8, 2024

Sex therapy only added in 2024. There have been federally lawful cannabis goods/services since 2018 with very specific chemical definitions. RT: If you have relative examination, and not just refusal on absolute grounds, you really need to know the scope of applicant/registrant services. And there are a lot of registrations.

Fair Use 45

Fair Use IP Art Registration 45

IIPRD

JUNE 8, 2024

Intellectual property rights protection to the fashion industry Trademark Act: Trademark Act plays a significant role in preserving a brand’s legitimacy and integrity, which is advantageous for the industry. However, the protection of fashion designs by trademark law is not perfected.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

SpicyIP

DECEMBER 30, 2023

Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademark law saw two important interpretations from the Delhi High Court. First, in Toyota v. The Delhi High Court in Ayur United Care v.

IP 113

IP Copyright Trademark Intellectual Property 113

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). The CNIPA Draft Amendment is comprised of a total of 101 articles in 10 chapters (as opposed to 73 articles in 8 chapters in the current law).

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

Patently-O

JUNE 13, 2024

by Dennis Crouch In an important trademark law and free speech decision, the Supreme Court held in Vidal v. 2024) , that the Lanham Act’s “names clause” barring registration of a mark that “[c]onsists of or comprises a name. Elster , 602 U.S. 1052(c), does not violate the First Amendment.

Trademark Law 48

Trademark Law Trademark Registration Law 48

The TTABlog

JANUARY 23, 2024

14, 2023, re-designated as precedential, January 22, 2024). The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) 2022-1961 (Fed.

Designs 60

Designs Design Registration Service Mark 60

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69