Biswajit Sarkar Copyright Blog

JANUARY 10, 2023

What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. The following steps are to be undertaken in order to get a mark registered as trademark under Indian trademark law: a.

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Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. Why Take the Trademark Route? Furthermore, if the hashtag consists of an existing registered trademark, it will aid in Trademark Registration.

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Trademark Registration Registering Trademarks Social Media 105

LexBlog IP

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

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Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law. For more visit: [link].

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Garrigues Blog

JULY 10, 2023

The registration of a trademark grants the exclusive right to use a particular sign to identify a good or a service in the market and prevent others from using it without the appropriate authorization. In other words, it could be said that it is the first commandment of trademark law.

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Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” Any person looking at the listings in question would instantly interpret “emoji” as describing the product’s physical attributes–AS TRADEMARK LAW PERMITS IT TO DO. The court seemingly understands the problem perfectly.

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azrights

OCTOBER 27, 2023

The cancellation of Lacoste’s trademark paved the way for Crocodile to register its own crocodile logo in New Zealand. It doesn’t give you a monopoly if you chop and change your design because then you’re not using the registered trademark. Otherwise, the business is at risk of losing its trademark.

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IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. Hershey alleges in their complaint that Cookie Department released packaging and marketing materials for cookie products with the same conical shape.

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Kashishipr

JUNE 4, 2021

The relatively new advent allows the marketers to put the barcodes on several different items and allow smartphone users to scan them and discover more information. Can we Trademark QR Codes? Thus, the sign cannot be used to distinguish goods or services in the market. The post Can QR Codes be Trademarked?

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LexBlog IP

APRIL 19, 2023

Sellers need to be aware of competitor patents before introducing a product to the market. The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. This can lead to expensive “false marketing” litigation. Registering trademarks with the U.S.

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Garrigues Blog

SEPTEMBER 29, 2021

Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademark laws and case law have shed some light in this regard. Leaving aside trademark legislation, could this bring on a case for illicit product placement?

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Kashishipr

AUGUST 24, 2022

Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India. Relationship between Trademark Law & the Hospitality Industry. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India.

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Kashishipr

DECEMBER 15, 2021

For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. In simple terms, the shape must be highly recognizable, noticeably distinct from other products in the market, and offer a clear indication of the origin of the product. Registration took two years.

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Garrigues Blog

JULY 6, 2021

When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ). These issues can have a major impact on brand strategy and affect credibility in the market. Let us see it.

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Even if you have registered a trademark, you may still be able to assert common law trademark rights to obtain the full protection you are entitled to. For example, you may only have a registered trademark for certain goods or services. Keep in mind that all Federal Circuit case law is binding on the TTAB.

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Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. It currently accounts for about 15% of the entire revenue spent on global advertising. For more visit: [link].

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Kashishipr

SEPTEMBER 14, 2022

Barcodes and QR codes are capable of identifying the products and/or services of an entity in the market and are widely used to do so. The courts in India protect barcodes and QR codes under the Trademark Law. Industries, including entertainment, education, banking, and print media, have been widely using barcodes and QR codes.

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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. Sanjeev Kapoor, who holds a registered trademark for SANJEEV KAPOOR KHAZANA in Class 29.

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Traverse Legal Blog

JULY 14, 2022

You will need to have proof of not only your registered trademark(s), but know important dates such as your first use in commerce of the trademark. Were you using your trademark before the alleged infringer? Has your trademark registration ever lapsed?

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Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark. However, in the case of Dolphin Laboratories Pvt.

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Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Further, the court held that the defendant was using and registered the ‘ELVISLY YOURS’ mark and his goods have gained reputation in the market. On the contrary, neither the trademark of the plaintiff had acquired distinctiveness nor has its goods have garnered any secondary meaning in the market. Section 35 Defense.

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IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. Factual Background.

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IP and Legal Filings

MAY 8, 2024

Amidst the clash of titans, the courts undertake a meticulous inquiry into the alleged imitations, bearing witness to the jurisprudential acumen and the solemn duty to uphold the sanctity of trademarks. They manufacture and sell whisky in the name of ‘Blenders Pride’ and ‘Imperial Blue’.

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Kashishipr

MAY 11, 2022

It aims at promoting the products or services in the marketplace while restricting the competitors from using the trademark and making profits through infringement. It also encourages safeguarding the interests of the traders and consumers in the market. For more visit: [link].

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azrights

OCTOBER 18, 2021

On the other hand, generic names or ones that can’t function as a trademark leave your business wide open to theft of its market share by competitors. No amount of protection will help you if the choice of name is a poor one or if you rely on brand identifiers that you can’t trademark. Think About Trademarks Strategically.

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Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks perform the following functions- Trademark or logo helps identify the goods and services easily: A trademark serves as a means of identification for a certain brand, corporation, or other entity, allowing it to be clearly distinguished from the other brands on the market.

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SpicyIP

APRIL 9, 2022

Ujjawal is a fifth-year student of the Institute of Law, Nirma University, Ahmedabad and has a keen interest in the subject of Intellectual Property, specifically copyright and trademark laws. These factors include: “is identical with or similar to the registered trademark, and. RPG Enterprises v. Ujjawal Bhargava.

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Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner. For more visit: [link].

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Trademark Branding Brands Branding 105

Kashishipr

AUGUST 18, 2021

Brought into commerce since the purchasing audience recognizes the common features of the many marks and contemplates that the goods or services originate from a common trademark owner. Therefore, the adoption of a series of marks to commercially market goods and services would not suffice the creation of a family of marks.

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Kashishipr

SEPTEMBER 8, 2021

We know that brands try to make their trademarks as unique and distinctive as possible to attain the highest level of protection under the Trademark Law. Yet, some proprietors seek to register common phrases or words for their products and services. ’ How are then these common words registered as a trademark?

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Trademark Registration Branding Brands 105

Kashishipr

APRIL 27, 2022

The reason why there has been a sharp increase in moving logos being incorporated as trademarks by many companies is that the contemporary market is now innovating new products with sensory and unique experiences to leave a mark on their customers and develop a distinct and novel reputation. Motion Trademarks in India.

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The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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IP Intellectual Property Social Media Cease and Desist 98

azrights

MAY 3, 2022

Yet lawyers’ role in the process is marginal, limited to doing clearance searches and registering trademarks if they’re ever consulted at all. Designers and marketers, on the other hand, advise on brand strategy but because they are not trained in IP, they don’t take account of IP as part of the brand strategy. .

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LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. So a lot is implied in, or possible from, the title ( as is often my intent on this blog ). market for religious publishing and products at $6.8

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Intepat

JUNE 17, 2024

Although there are many well-known marks in the industry, registering marks is a vital process for businesses to safeguard their brand identity and intellectual property and to obtain exclusive rights over them. Trademark law underwent substantial changes, both multilaterally and regionally.

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SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. This case involved Sun Pharmaceuticals allegedly infringing Cipla’s copyright and registered trademark.

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Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

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