IP and Legal Filings

APRIL 7, 2025

All of these bring a new dynamism with them and, inevitably, challenges–and opportunities–in the field of intellectual property, most particularly trademarks. A trademark would be the asset that holds together a brand identity for a business, ensuring that its goods or services remain differentiated from others in the marketplace.

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Erik K Pelton

OCTOBER 28, 2022

The following is an edited transcript of my video Trademark Protection for Bands and Musicians. Just like any other brand, the music industry brands can strongly benefit from trademark protection. The post Trademark Protection for Bands and Musicians appeared first on Erik M Pelton & Associates, PLLC.

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JD Supra Law

AUGUST 16, 2024

Not everything can be protected as a trademark. Certain types of material are specifically excluded from trademark protection under U.S. As a startup founder, it’s crucial to understand what cannot be registered as a trademark to avoid potential rejections and legal challenges. By: Pillsbury - Propel

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JD Supra Law

MARCH 22, 2023

In what may be the longest running trademark dispute in the United States, the U.S. Trademark Trial and Appeal Board (“TTAB”) in December 2022 ordered the cancellation of the COHIBA and COHIBA (stylized) registrations owned by General Cigar Co. General Cigar”), based on Article 8 of the Pan American Convention.

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IP Watchdog

AUGUST 16, 2021

Recently, USPTO Commissioner for Trademarks David Gooder wrote on the USPTO Director’s Forum Blog that registrations for U.S. trademarks are up 63% from the same period in 2020. The USPTO received over 92,600 trademark applications in December 2020 alone. First Action Pendency (months) in Q1 of 2020 was 2.8

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JD Supra Law

AUGUST 8, 2024

For startup founders, navigating the complexities of trademark law is essential for protecting your brand. These are formal disputes aimed at challenging an application or registration for a trademark. This article will explore what these proceedings entail, why they matter, and how you can prepare for them.

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JD Supra Law

AUGUST 30, 2024

As part of our series on trademarks as critical assets for businesses, this article discusses the importance of selecting and clearing a new or altered trademark for use and registration in the United States.

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IP and Legal Filings

FEBRUARY 24, 2025

INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. In 2003, the firm’s trademark in Germany was protected due to its distinctive design. are two examples.

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Trademark Law Trademark Law Branding 52

Erik K Pelton

DECEMBER 31, 2021

Top Trademark Trends of 2021. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. Trademark scams continued to proliferate, despite some increased efforts to crack down.

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IP Watchdog

MAY 6, 2023

Brands — legally protected as trademarks — have value. Registering brands as federal trademarks also provides significant legal benefits, such as the presumption of ownership, validity, and nationwide priority in the mark. We all understand that intuitively.

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Trademark Registration Branding Brands 125

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). Indeed, many emoji-like symbols have been registered as trademarks in the US.

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IP Watchdog

NOVEMBER 13, 2024

The Court of Appeal's decision had come as a relief to trademark applicants and owners whose registrations included broad specifications in the UK, but today’s decision revives uncertainty and has been dubbed a “shock” ruling by UK legal media.

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IP Tech Blog

FEBRUARY 27, 2023

Is this the time we can really see a change in the fight against Chinese trademark squatters, or are we just adding burdens to legitimate right holders? The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law.

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Patently-O

APRIL 14, 2022

In a recent filing, Brooklyn Brewery (Brewery) indicated plans to take its trademark opposition/cancellation case to the US Supreme Court. The key constitutional question involves when a TM challenger has Article III standing to appeal an adverse TTAB decision. Brewery challenged registration in both classes (and lost).

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IIPRD

MARCH 13, 2025

With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? Trademarks are governed by the Trade Marks Act, 1999 in India. Registration is not mandatory, but recommended. Registration of patent is mandatory.

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IP Watchdog

JANUARY 6, 2025

In Brazil, slogans are eligible for trademark registration, but their acceptance has historically been limited by strict requirements for distinctiveness and functionality. Slogans play a crucial role in branding, serving as memorable and important expressions of a companys identity.

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IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] 2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks.

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Registration Trademark Trademark Law Law 98

IP Watchdog

SEPTEMBER 23, 2021

Following a Request for Comments in March 2021, the United States Patent and Trademark Office (USPTO) yesterday published a Federal Register Notice updating the General Requirements Bulletin (GRB) for admission to the registration exam to practice in patent cases before the Office.

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SpicyIP

JULY 14, 2021

We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. One type of such non-traditional trademarks is a smell or scent mark. Image from here.

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The IPKat

APRIL 10, 2025

In 2016, Duca di Salaparuta initiated an action against several other wineries, as well as the representative body (the Consorzio di tutela dei vini DOC Salaparuta) and the Ministry of Agricultural, Food and Forestry Policies (which granted the national registration). The other wineries had been using the word "Salaparuta" on their labels.

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IP and Legal Filings

JULY 9, 2024

INTRODUCTION A trademark can be registered for the purpose of securing diverse graphic and non-graphic unique symbols and indicia to distinguish the products or services of a trader from that of others. This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand.

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IP and Legal Filings

JULY 8, 2022

Trademark in Oman. A trademark is a sign or form used to distinguish the goods, products, or services of one establishment from those of other establishments. In order to be fully protected, a trademark must be registered in the Register of Trademarks and Trade Names at the Ministry of Commerce and Industry in Oman.

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IP and Legal Filings

JULY 8, 2022

Industrial drawing and design consist of the ornamental or aesthetic aspects of an article, and can include three-dimensional features, such as the shape of an article, or two-dimensional features, such as pattern, lines, or colour. The registration and renewal fees shall be fixed in the Regulations. Industrial Design in Oman.

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Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Law on Color Trademarks in India.

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Traverse Legal Blog

JANUARY 26, 2021

Even though the United States Patent and Trademark Office (USPTO) does not currently allow federal trademark registration for goods or services that violate federal law, it does allow federal trademark registration for cannabis and cannabis-related goods and services if the use in commerce is lawful.

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Trademark Registration Branding Brands 97

The TTABlog

JANUARY 9, 2023

Brunetti , deeming the "scandalous and immoral" provision of Section 2(a) unconstitutional, your run-of-the mill obscenities are going to face a difficult hurdle to registration: failure-to-function. However, the starting point for registration is the statutory definition of a trademark. TTABlogged here ].

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Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

The IP Law Blog

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. The registration procured by Ohio State covers t-shirts, caps, and hats. With that in mind, we can return to the significance of this registration. But is it really that big of a deal?

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IP Watchdog

NOVEMBER 6, 2021

The Brazilian Patent and Trademark Office (BPTO) began accepting applications for position trademarks on October 1, 2021. Position marks are trademarks characterized by the particular spot in which they are placed on a product.

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IP Watchdog

AUGUST 3, 2021

Followers of European trademark developments will be familiar with the Sky v SkyKick litigation, in which the UK courts and the Court of Justice of the EU have addressed questions concerning trademark invalidity (see IPWatchdog report here).

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Biswajit Sarkar Copyright Blog

OCTOBER 25, 2023

In February 2022, Colt CZ Group SE (Colt) a Czech holding company filed an application to register a mark depicting an assault rifle as a European Union Trademark (EUTM) containing the word elements “CZ BERN 2”. As a result, the present Community design has no direct impact on the distinctiveness of the contested trademark application.

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Trademark Registration Designs Design 97

Kashishipr

MARCH 30, 2022

It is imperative to have Registered Trademarks in place to have one’s business stand out in the market and create a significant brand value. In India, trademarks are registered, protected, and enforced under the Trademarks Act of 1999 (referred to as the ‘Act’ further in this article).

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IP Tech Blog

MARCH 21, 2022

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. Trademark Applications Subject to the Measures. Substantive Requirement (Article 2).

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SpicyIP

OCTOBER 16, 2024

Template from here In the foreground of today’s fiercely competitive offline and digital marketplaces, where brands engage in neck-to-neck battles for visibility, the role of colours in trademarks has become a focal point of legal discourse. Patel & Ors.

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Trademark Registration Branding Brands 105

SpicyIP

FEBRUARY 3, 2025

SpicyIP Tidbit: The Evergreen Conundrum: DHC Grants Interim Injunction to Evergreen Sweet House in a Trademark Dispute In a recent trademark dispute between Evergreen Sweet House v. the original plaintiff) filed a suit to protect four registered Kirloskar trademarks against alleged infringers. Kirloskar Brothers Ltd.

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Intepat

NOVEMBER 14, 2022

Trademark Classification. When you file for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you must file your brand. ” The system of trademark classification eases the process of registration of a trademark. .”

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IPilogue

FEBRUARY 8, 2022

This article was written in affiliation with Madelaine’s placement at ventureLAB. Trademarks are an excellent way to protect your brand. Unlike patents or copyrights which protect specific products or works, a trademark distinguishes your company from others. However, the LEGO bricks themselves are not trademarked.

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