Kashishipr

JANUARY 19, 2022

The role that trademarks play in the marketing of a brand can help us unwind what commercial players and business houses should consider in the development of their brand marketing strategies to best incentivize their assets for better returns. How Does a Trademark Help in the Marketing of a Brand?

Marketing 105

Marketing Marketing Trademark Branding 105

The IPKat

MARCH 24, 2025

However, neither the EUIPO Examiner, nor the BoA , nor the EU General Court allowed the registration of the sign below as an EU trade mark due to lack of inherent distinctiveness under Article 7(1)(b) EUTMR. The Examiner, again, refused registration, on the basis of insufficient evidence. The applicant appealed this finding to the BoA.

Marketing 78

Marketing Marketing Registration Brands 78

TorrentFreak

DECEMBER 20, 2024

Other players in the domain name market have been more reserved. Domain name registries that fail to take action are now listed as “ notorious piracy markets ” themselves, as recent reports against the.cc,io, Mentioning these domains in public could therefore serve as an unwanted advertisement. For example, U.S.

Reporting 107

Reporting Registration Copyright Related Rights 107

Technology & Marketing Law Blog

JULY 9, 2023

The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). The post European IP Office Denies Trademark Registration for “I Love You” Emoji ?

Registration 98

Registration Trademark IP Advertising 98

The IPKat

FEBRUARY 28, 2025

Earlier this month, the Fifth Board of Appeal (BoA) of the EUIPO refused the registration of CHOPIN for several goods in Classes 29, 30, and 32 of the Nice Classification due to the risk of free-riding on the reputation of the earlier trade mark CHOPIN under Article 8(5) EU Trade Mark Regulation (EUTMR).

Registration 59

Registration Advertising Advertising Social Media 59

The IPKat

SEPTEMBER 12, 2022

From time to time, this Kat receives queries from clients in relation to the registrability of slogans as trade marks. Well, NO… but… According to the Collins English Dictionary , a slogan is “ a short phrase that is easy to remember ”, and is “ used in advertisements… who want people to remember what they are saying or selling ”.

Registration 116

Registration Advertising Advertising Reporting 116

43(B)log

OCTOBER 11, 2022

Boston Carriage’s principals voluntarily shared their business knowledge with Boston Suburban, including Boston Carriage’s business and marketing strategies and its online presence.” It also allegedly resumed promoting and advertising the domain name “logan-car-service.com” and re-routing visitors to its own website.

False Advertising 64

False Advertising Advertising Advertising Copying 64

The IPKat

FEBRUARY 27, 2023

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. The examiner rejected the application on 23 rd March 2020. Comment This decision adds to the increasingly relevant debate on greenwashing.

Trademark 132

Trademark Advertising Advertising Marketing 132

TorrentFreak

AUGUST 16, 2021

Through various links and advertisements, people are lured into signing up for a website that offers ‘free’ movies, sports events, or books. After completing the registration process, subscribers indeed get access to a movie library. Hyuna didn’t appear to advertise its services directly, however.

Advertising 144

Advertising Advertising Branding Brands 144

TorrentFreak

FEBRUARY 23, 2023

Local reports suggest that at least 200 films owned by Disney, Sony, and other Hollywood studios, will disappear from licensed streaming platforms, including market leader Kinopoisk. The company says that between February 1 and February 10 alone, registrations were up 64% on similar registrations for the whole of January.

Cinema 145

Cinema Registration Reporting Licensing 145

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). The parties had other disputes, including accusing each other of posting false reviews of the other.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

SpicyIP

MARCH 14, 2025

The eatery owners argued that they had been using the name Burger King since 1992, which was over two decades before Burger King US entered the Indian market in 2014. While its first registration for the brand name in India (1979) was under Class 16 [Paper & Paper Products] , the trademark was registered w.r.t.

Trademark 64

Trademark Registering Trademarks Registration Brands 64

IP and Legal Filings

DECEMBER 17, 2024

Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

JUNE 14, 2023

When used in a marketing context, the brand has two primary goals: first, to represent the company in public to create maximum awareness and recognition for the organization and its business proposition. The expenses associated with trademark registration pale in comparison to this.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

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.

Advertising 52

Advertising Advertising Trademark Registration 52

Intepat

MARCH 25, 2025

Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. Dupe perfumes are often marketed as affordable alternatives to their premium counterparts, offering similar fragrances without the hefty price tag. billion in 2025.

Copying 59

Copying Branding Brands Branding 59

Plagiarism Today

OCTOBER 26, 2021

The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”. It’s honestly remarkable that there haven’t been more legal issues in this space, especially considering the lucrative market for licensed costumes.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

43(B)log

APRIL 29, 2024

It advertised “This device was one of the most popular items on a popular 3D printing website with over 20,000 unique downloads” on its website, at a time when Leszczynski’s Thingiverse page displayed that his Cube had been downloaded 20,000 times. False advertising: Only ok against Kitchen Cube. The breach of contract claim survived.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

43(B)log

OCTOBER 11, 2021

Certified alleged Lanham Act false advertising based on allegations that the Clorox defendants and Avicenna engaged in a scheme to falsely advertise the source of chicken collagen used in dietary supplements sold to retail consumers. But Certified argued that defendants were advertising their producst as 100% sternal chicken cartilage.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

Erik K Pelton

NOVEMBER 3, 2020

a great trademark: Marketing department. Television advertising. And, it’s even more helpful to hire an experienced trademark attorney to handle the registration process. But there is nothing a small business can do for its brand that provides more protection—and insurance—than obtaining a trademark registration from the USPTO.

Business 130

Business Trademark Cease and Desist Branding 130

Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. In this case, the plaintiff was Bright Lifecare Pvt.

Intellectual Property 52

Intellectual Property Advertising Advertising Branding 52

43(B)log

FEBRUARY 26, 2024

The advertising bit: Defendants allegedly misled New York customers into “believing that unfinished frames and receivers are legal workarounds to New York’s gun control laws, as well as federal law.” Defendants contended that marketing unfinished frames and receivers as “legal” was protected by the First Amendment. It was not.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Intepat

MAY 29, 2024

” The “Claiming User Date” category pertains to trademarks that are already in use by the applicant in the market, while the “Proposed to be Used” category applies to trademarks or service marks that are for future use. This makes the Trademark User Affidavit an indispensable document in the registration process.

Registration 52

Registration Trademark Advertising Advertising 52

The TTABlog

SEPTEMBER 13, 2022

As to applicant's stylized mark, the degree of stylization "is not notable apart from the literal element "hifi," and does not serve to distinguish it from Registrant's Mark." The Board found the services to be overlapping, but what about the marks? How do you think this appeal came out? In re HIFI Brands, LLC , Serial Nos.

Marketing 56

Marketing Marketing Graphic Design Branding 56

Technology & Marketing Law Blog

JUNE 20, 2024

It then went further and used the photo to promote the robe: In 2023, Sunny Khachatryan obtained a copyright registration for “Brave’s” photo. Other arguments fail because “there is value in Minor Plaintiffs’ image and likeness, which Defendants then used for the purpose of commercial advertising and sales.

Social Media 105

Social Media Copyright Licensing Advertising 105

Kashishipr

AUGUST 18, 2021

Therefore, the adoption of a series of marks to commercially market goods and services would not suffice the creation of a family of marks. The same is majorly influenced by the mode of use, nature of advertising, and inherent nature contributing to the inherent distinctiveness of the mark owing to its common characteristics.

Trademark 105

Trademark Registration Branding Brands 105

The TTABlog

DECEMBER 29, 2022

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." In other word, "[a]n applicant’s failure to address the refusals or requirements in its appeal brief is a basis for affirming an examining attorney’s refusal of registration on those grounds."

Marketing 56

Marketing Marketing Social Media Advertising 56

43(B)log

AUGUST 7, 2023

2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” Although not all the purchased products appeared in the Chinese import registry, “in its marketing, Paul Mitchell doesn’t just advertise that it sells ‘cruelty-free’ goods.

Marketing 52

Marketing Marketing False Advertising Advertising 52

Erik K Pelton

JULY 31, 2020

Another element of the filing of the statement of use is also the date that the trademark was first used internally or anywhere, and the date that it was first used in commerce, meaning with the public in sales or in public advertising, once there had been business conducted in connection with the trademark. It could include a brochure.

Trademark 130

Trademark Advertising Advertising Editing 130

The TTABlog

DECEMBER 6, 2021

A single color mark on a product design is registrable only upon a showing of acquired distinctiveness. Dimarzio claimed use of the proposed mark since 1979, with millions of consumers observing its guitar pickups in videos, advertisements, and musical performances. Wal-Mart (citing Qualitex ). Applicant Dimarzio, Inc. Milwaukee Elec.

Advertising 101

Advertising Advertising Marketing Marketing 101

The IPKat

NOVEMBER 30, 2023

The case concerned the registration of 'Prosecco' as a GI in Singapore. This Kat was interested to see a court finally address this argument Singapore has offered protection for GIs since 1999, but it only adopted a registration-based system in the last decade with the Geographical Indications Act 2014 ('GIA').

Registration 135

Registration Advertising Advertising Law 135

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.” ” * Hoffmann Brothers Heating and Air Conditioning, LLC v.

IP 98

IP Advertising Advertising Copyright 98

TorrentFreak

NOVEMBER 24, 2022

Government’s notorious markets report. That isn’t a lot, but these are all people searching for something specific, which makes them more likely to click on advertising feeds. These ads point to other advertising pages that ultimately lead people to streaming services such as Crackle, Pluto TV, and SkyShowtime.

Advertising 125

Advertising Advertising Copying Registration 125

The TTABlog

MAY 9, 2024

Respondent claimed, however, that petitioner's prior use resulted in "minimal market penetration," asserted that the challenged registration should survive with a carve-out granting rights to Petitioner that are geographically limited to Jellico, Tennessee, and argued laches as an affirmative defense.

Registration 49

Registration Marketing Marketing Settlement 49

Kashishipr

SEPTEMBER 8, 2021

Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement. In the case of USPTO vs. Booking.com, the owners of the domain Booking.com had filed applications seeking registration of the trademark BOOKING.COM. The appellate board did not interfere with the decision. Scholastic Inc.

Trademark 105

Trademark Registration Branding Brands 105

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

The IPKat

DECEMBER 14, 2022

Section 10 deals with non-registrability of a mark for lack of distinctiveness (sub-section 2) and likelihood of confusion or deception arising from manner of use of mark (sub-section 13); s 27(1)(a) deals with registration without a genuine intention to use coupled with non-use; while s 27(1)(b) deals with non-use for five years or longer.

IP 83

IP Registration Advertising Advertising 83