Intepat

MAY 29, 2024

It is a formal declaration of prior use, establishing the applicant’s claim to the trademark. This blog delves into the essentials of trademark user affidavits, highlighting their significance, the information they must contain, and best practices for drafting them to ensure a successful registration process.

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Kashishipr

SEPTEMBER 20, 2021

It further added that an individual could either own a registered trademark or copyright but not both. The argument that copyright protection and trademark registration were two different things and lacked connection and that an individual or entity couldn’t own both was wholly incorrect. Concluding Remarks.

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Registration Artistic Work Copyright Registering Trademarks 98

Garrigues Blog

OCTOBER 22, 2024

Companies need to guard against these attempts at misappropriation and defend their rights in order to protect their trademarks and products. In short, the invalidity of the trademark “Pierre Cadault” highlights the importance of registering a trademark lawfully.

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Trademark Registration Intellectual Property Social Media 52

Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid. Some Other Crucial Aspects to Keep in Mind.

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Registration Registering Trademarks Trademark Cease and Desist 52

IP and Legal Filings

JULY 13, 2024

Introduction In this blog I will discuss the registration obstacles for non-conventional marks in India and in the UK. In my analysis I will focus on sound marks and smell marks when discussing the development of the law in the two countries. What is a non-conventional trademark?

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Registration Trademark Law Trademark Law 86

IP and Legal Filings

FEBRUARY 26, 2022

Instead of showing two or more letters as letters in and of themselves, the letters might be entwined or interwoven into a single device, formed into a monogram, which is prima facie registrable as a device. Registrability of letters or numerals as wordmark. Additionally, letter marks have an aspect of pronouncability.

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Registration Trademark Trademark Law Business 52

IP and Legal Filings

NOVEMBER 12, 2024

Introduction Registration of a trademark is an important step toward building a brand on solid ground. Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademark registration.

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Trademark Branding Brands Branding 86

IP Blog

JUNE 29, 2021

Foreign individuals or organizations filing for trademark registration in Pakistan may find themselves curious when faced with the obligation to indicate the mark's "date of first use" in their application.

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Trademark Law Trademark Law Registration 52

IP Tech Blog

SEPTEMBER 7, 2023

Paolo will discuss how to protect your IP in China, sharing insights on the new trademark law proposal, as well as current counterfeiting trends and strategies for how to combat them. The in-person event will take place in Milan on October 12; details and registration are available here.

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Intellectual Property Branding Brands Branding 62

IP Tech Blog

FEBRUARY 27, 2023

The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law. If adopted in its current version and without further modifications, this amendment would have a considerable impact on many aspects of trademark law and practice in China.

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Trademark Trademark Law Registration Intellectual Property 113

Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Therefore, we can say that failing to safeguard your registered trademark adequately would lead you at risk of forfeiting your exclusive rights.

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Registering Trademarks Trademark Registration Trademark Law 105

Patent Trademark Blog

NOVEMBER 8, 2023

Can you speed up a China trademark application? Starting in 2022, you can now seek a faster registration of your trademark in China. The Chinese trademark office, known as the China National Intellectual Property Administration (CNIPA) , will now accept requests for expedited trademark examination.

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Trademark Registration Intellectual Property Trademark Law 52

Garrigues Blog

JANUARY 25, 2023

How does the registration process work? If everything is correct, the trademark is published in the Official Industrial Property Gazette (BOPI). If no oppositions are filed, the SPTO will check whether the trademark comes under any of the absolute grounds for refusal established in Trademarks Law 17/2001 (Trademarks Law).

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Trademark Registration Trademark Law Ownership 52

Kashishipr

SEPTEMBER 8, 2021

However, one should keep in mind that the Trademark Rights arise out of use or maintenance of the exclusive rights concerning some specific products or services. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement. Generic Trademark. Scholastic Inc.

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Trademark Registration Branding Brands 105

Intellectual Property Law Blog

MARCH 13, 2024

The Offices agreed with these assessments and did not believe that changes to intellectual property laws, or to the Offices’ registration and recordation practices, are necessary or advisable at this time. The USPTO has provided guidance on these issues and will continue to work with stakeholders to identify additional needs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

Patent Trademark Blog

DECEMBER 7, 2022

What is the new deadline to respond to trademark Office Actions? When you’ve practiced trademark law long enough, you take certain things for granted. And, until recently, trademark Office Action deadlines were not extendable. Post-registration Office Actions will not be subject to this new deadline.

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Trademark Blogging Registration Trademark Law 98

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

To obtain trademark protection, a business must first adopt a graphically represented mark which is unique and distinguishable. Section 9(1) (c) of the Trademark Act, 1999 prohibits the registration of words used commonly. It takes years for them to get registration. This phenomenon is called acquired distinctiveness.

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Business Trademark Registration Cease and Desist 52

Trademark and Copyright Law Blog

JANUARY 3, 2024

Here are a few productive questions to ask: Do your registrations cover your reality? Or perhaps your business has expanded or evolved, and the scope of your registrations ignores some now-crucial products or services. Are you monitoring your trademarks in their natural habitat? It misses you! Stay tuned!

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Trademark Registration Branding Brands 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

You can apply for trademark registration online, the process for which is fairly straightforward. However, as simple as the trademark registration process may seem, picking the right trademark is no easy nut to crack. This is where you need a trademark lawyer or agent to step in. Who is a trademark lawyer?

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Trademark Intellectual Property Registration Trademark Law 52

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. In essence: ‘use it or lose it.’

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Editing Law IP Designs 105

IP and Legal Filings

SEPTEMBER 10, 2024

So, in this blog, we will look through the most common mistakes that a person makes while filing a trademark and how to avoid them. Mistakes to prevent when filing for a trademark Selecting a Descriptive Mark or a Generic Mark: One of the most repeated mistakes is selecting a descriptive or a generic mark for goods & services.

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Trademark Cease and Desist Branding Brands 84

IP Tech Blog

AUGUST 11, 2023

The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here ). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China.

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Registering Trademarks Trademark Trademark Law Law 52

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

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IPilogue

DECEMBER 21, 2022

Tech giant Apple has recently filed a lawsuit against the United States Patent and Trademark Office (“USPTO”) and Director Kathi Vidal over the Office’s refusal to register Apple’s “SMART KEYBOARD” trademark based on genericness. Apple asks the district court to require USPTO to approve its SMART KEYBOARD mark registration.

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Trademark Registration Technology Trademark Law 105

IP Tech Blog

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. Why you need new trademark registrations now. In such cases, a trademark registration in Classes 09, 35, 41 and 42 can be decisive.

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Trademark Branding Brands Branding 57

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. Therefore, if the hashtag is inherently distinctive, it would support and ease registration, and if not, additional efforts may be needed to amass publicity and extensive use.

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Trademark Registration Registering Trademarks Social Media 105

Patent Trademark Blog

APRIL 28, 2022

US trademark rights go to the first-user. In contrast, many foreign countries give trademark rights to the first filer. US trademark law is different. What can a common law trademark owner do? Even without a registered trademark, a common law trademark owner can still have significant rights.

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Trademark Law Cease and Desist Registration 52

Kashishipr

DECEMBER 15, 2021

Morgan is believed to be the only car shape accepted by the Alicante, Spain-based registry as qualifying for legal protection under the EU Trademark Law. Registration took two years. The post 3D Shape Trademark on Cars appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm.

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Trademark Intellectual Property Registration Design 105

The IP Law Blog

JULY 15, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Ohio State University’s trademark registration for the word THE. Read more about this case on the IP Law Blog here. Watch this episode on the Weintraub YouTube channel here.

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Trademark Blogging IP Registration 52

IP and Legal Filings

MARCH 28, 2024

The blog will address the legal protection of film titles and answer the big question of whether anyone can make another DDLJ. These registrations aid in allocating precedence. The problems arises that mere registration is not enough to grant legal protection, which is why the copyright becomes a necessity.

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Cinema Copyright Blogging Registration 93

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. The contributory trademark infringement claim survives a motion to dismiss.

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Trademark Contracts Blogging Fair Use 105

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

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Trademark Branding Brands Branding 52

Selvam & Selvam Blog

NOVEMBER 4, 2024

For successful transfer of the domain, the following three elements have to be established: Paragraph 4(a)(i): The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights. Paragraph 4(a)(ii): The registrant has no rights or legitimate interests in respect of the domain name.

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Social Media Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

You can apply for trademark registration online, the process for which is fairly straightforward. However, as simple as the trademark registration process may seem, picking the right trademark is no easy nut to crack. This is where the role of trademark lawyer in India becomes crucial.

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Trademark Registration Intellectual Property Service Mark 52

LexBlog IP

SEPTEMBER 6, 2023

Acquiring State Trademarks The most obvious (and widespread) option to protect a cannabis trademark is to obtain trademark registrations in all states where the mark is being used. In trademark law, the first use of a mark within a territory typically establishes trademark ownership in that territory.

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Trademark Registration Ownership Business 52

IIPRD

AUGUST 27, 2022

The instant order of the General Court proves wrong the false assumptions that the shape mark is dead under the trademark law based on the doctrine of aesthetic functionality. trademark law which was later borrowed and adopted in a more limited sense in the European trademark law.

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Trademark Law Registration Marketing Marketing 52

Trademark and Copyright Law Blog

DECEMBER 19, 2022

Here are a few productive questions to ask: Do your registrations cover your reality? Or perhaps your business has expanded or evolved, and the scope of your registrations ignores some now-crucial products or services. Are you monitoring your trademarks in their natural habitat? It misses you! Stay tuned!

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Trademark Registration Branding Brands 52