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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Trademark Law Trademark Law Brands 105

IPilogue

NOVEMBER 15, 2022

Does this count as an artistic expression protected under First Amendment rights of expression and speech, or is it a trademark infringement upon a beloved fashion icon? Catching wind of the furry MetaBirkin NFTs, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the creator.

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

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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JD Supra Law

AUGUST 12, 2024

In trademark law, the concept of distinctiveness is central to protecting your brand and ensuring it stands out in the marketplace. Understanding the levels of trademark distinctiveness can help startup founders make informed decisions when selecting and registering trademarks. By: Pillsbury - Propel

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Trademark Registering Trademarks Trademark Law Brands 108

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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Trademark Trademark Law Registration Brands 113

IP and Legal Filings

FEBRUARY 2, 2024

The Indian Constitution supplements this tradition by granting citizens the freedom to freely profess, practice, and propagate their religion, subject to reasonable limits under Articles 25–28 [3]. However, what would happen if business houses wanted to trademark the name of the god they worshipped?

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Trademark Law Trademark Law Service Mark 98

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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Trademark Trademark Law Registration Intellectual Property 113

IP Watchdog

DECEMBER 26, 2023

This year has seen a bonanza of significant trademark decisions, including several high- profile decisions from the Supreme Court. trademark law, yet in most cases returned to basic principles of trademark law to resolve the open issues.

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Trademark Trademark Law Law Government 119

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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Editing Non-Fungible Tokens Trademark All Rights Reserved 147

IP Watchdog

JUNE 13, 2023

Today, the International Trademark Association (INTA) published an amicus brief filed with the Court of Justice of the European Union (CJEU) in a case that should have major implications for the effects of Brexit on EU trademark law.

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Trademark Intellectual Property Trademark Law Publishing 118

IP Watchdog

APRIL 4, 2022

On February 14, 2022, the China National Intellectual Property Administration (CNIPA) issued a notice regarding “clout-chasing” trademark applications or registrations (the “Notice”). Similar bad-faith trademark applications have not been uncommon throughout CNIPA’s history.

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Trademark Intellectual Property Trademark Law Registration 111

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. The views expressed in the piece are personal.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

SpicyIP

MARCH 3, 2022

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the possibility of trademark protection for bodily features. Balasaheb Apte College of Law in Mumbai. Trademarking Signature Poses/Looks – A Progressive Protection of Individuality. What implications does this have for trademark law?

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Trademark Trademark Law Intellectual Property Advertising 122

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

Intepat

FEBRUARY 3, 2025

Introduction Trademark law is mainly governed by two key principles: “first to file” and “first to use.” ” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. trademark law. Banff, Ltd.

Brands 59

Brands Branding Branding Trademark 59

JD Supra Law

AUGUST 20, 2024

A core concept in trademark law that every startup founder should understand is “likelihood of confusion.” This legal standard plays a pivotal role in both trademark registration and enforcement. It’s essential for protecting your brand and ensuring that your trademark does not infringe on existing trademarks.

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Trademark Trademark Law Registration Brands 75

Kashishipr

AUGUST 4, 2021

The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology. Can Cryptocurrencies be Protected under the Trademark Law?

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Trademark Trademark Law Intellectual Property Ownership 105

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself. Jitender V. Jain and Anr.,

Trademark 98

Trademark Trademark Law Law Advertising 98

IP Tech Blog

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks.

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Trademark Law Trademark Law Brands 57

Technology & Marketing Law Blog

APRIL 3, 2023

She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand.

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Blogging Trademark Fair Use Trademark Law 116

IP Watchdog

JANUARY 14, 2022

The International Trademark Association (INTA) has made an amicus submission before the EU Court of Justice (CJEU) in a case concerning parallel imports and EU trademark law. In the case at hand, Harman, which makes audiovisual equipment, brought trademark infringement proceedings in Poland against AB, a distributor.

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Trademark Marketing Marketing Trademark Law 126

JD Supra Law

AUGUST 31, 2023

In our previous article, Protecting Your Brand: A Primer on Canadian Trademarks, we touched upon the beginning stages of a trademark application and considerations such as, "Should I register my trademark?" and "Is the trademark available?" By: Miller Canfield

Trademark Law 77

Trademark Law Trademark Registering Trademarks Brands 77

IPilogue

OCTOBER 21, 2022

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear).

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The IPKat

MAY 11, 2024

Why does the patent use a different name from the registered trademark? These denominations cannot be registered as trademarks - for example, under Article 7.1(m) Unlike PVR law, however, trademark law imposes no obligations to maintain a direct link between a name and a plant.

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Trademark Registering Trademarks Marketing Marketing 110

Kashishipr

APRIL 27, 2022

With the increase in globalization and cross-border trade, intriguing types of trademarks are trending and have become a crucial tool to signify a company’s identity. Motion Trademarks in India. The most critical aspect that may be subject to the Trademark Protection of a motion mark is the succession of images in the said mark.

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Registration Trademark Brands Branding 105

The TTABlog

SEPTEMBER 25, 2024

Putting those two interests together, he created a graphic "article" called "Trademarks as Comics," in which, among other things, he seeks to answer the question, "what can sequential art teach trademark law?" The article may be downloaded here. He also likes comic books and comic strips.

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Trademark Intellectual Property Trademark Law Art 69

IPilogue

SEPTEMBER 17, 2021

Alexandria Lewis & Ian Rothweiler are JD Candidates at Southwestern Law School. This article was originally written as a requirement for Victoria Burke and John Begakis’ course on Fashion Law. Trademark Infringement / Anti-Dilution – Nike v Warren Lotas. Trademark Infringement – Nike v MSCHF.

Trademark 105

Trademark Brands Branding Branding 105

IP and Legal Filings

NOVEMBER 1, 2023

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

Trademark 105

Trademark Registering Trademarks Brands Branding 105

JD Supra Law

OCTOBER 2, 2023

With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. This article seeks to briefly cover what in the cannabis industry can and cannot be federally trademarked and where the laws are heading.

Law 68

Law Trademark Law Trademark Business 68

SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here. Application date.

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Non-Fungible Tokens Trademark Artwork Art 122

IP and Legal Filings

SEPTEMBER 16, 2021

The inculcation of such features into products and services has snowballed into the rise of a separate class of trademarks known as ‘non-conventional trademarks’. Global and Indian laws concerning smell trademarks. Smell marks and Indian trademark laws. [Image Source: gettyimages].

Trademark Law 52

Trademark Law Trademark Law Registration 52

IP Watchdog

AUGUST 4, 2021

Court of Appeals for the Third Circuit regarding the definition of “functionality” in trademark law. Lotte International America Corp. At issue in the appeal is a ruling from the U.S.

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IP and Legal Filings

JANUARY 11, 2024

INTRODUCTION Trademarks are vital part of modern day commerce because they act as distinctive and unique symbols that enable consumers to recognise and distinguish goods and services offered by different providers. Image Sources: Shutterstock] The primary legislative basis for smell trademark regulation in the US is the Lanham Act.

Trademark 105

Trademark Intellectual Property Brands Branding 105

The TTABlog

DECEMBER 14, 2021

Sink your teeth into this Harvard Law Review note that strikes at the heart of trademark infringement doctrine: " Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement ," 35 Harv. This note posits that trademark law and the law of standing have grown apart. 667 (December 2021).

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Trademark Law Trademark Law Registration 75

The TTABlog

JANUARY 7, 2022

The court said that although Article III constitutional standing is not required to assert a confusion-based opposition or cancellation claim in the Trademark Trial and Appeal Board, it is required to appeal or assert such a claim in a court. Ramirez , 141 S.Ct. Borden Ice Cream Co v. Borden's Condensed Milk Co , 201 F.

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SpicyIP

NOVEMBER 23, 2021

We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. Payal has graduated from the School of Law, Christ University in 2020, and currently practices as a disputes lawyer. Google India Private Limited and others.

Trademark 105

Trademark Advertising Advertising Trademark Law 105

LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks.

Trademark Law 52

Trademark Law Trademark Law Brands 52