Remove Blog Remove Registration Remove Trademark Law
article thumbnail

The Madrid Protocol: Streamlining International Trademark Registration

IP and Legal Filings

To secure a trademark in different legal jurisdictions is a time-, cost-, and process-draining exercise. Madrid Protocol provides a simplified mechanism towards even more unifying international registration for trademarks to overcome such hurdles. Operational Mechanism of the Madrid Protocol 1.

article thumbnail

U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)

Technology & Marketing Law Blog

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration. Unicolors, Inc.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Protection of Color Trademarks under the Indian Trademark Law

Kashishipr

Under Section 2(1)(zb) of the Act, any word, label, name, device, brand, ticket, signature, heading, letter, numeral, the shape of products, packaging, the combination of colors, or any combination thereof can be registered as a trademark if the same fulfills the criteria of distinctiveness and graphical representation. Final Thoughts.

article thumbnail

Registration of Motion Mark as Trademark in India

Kashishipr

A proposed motion trademark can be made with the help of animations, different computer programs, or any moving object existing around the company. While applying for the Trademark Registration of a motion mark in India, it is essential to ensure that the mark is capable of being depicted on paper. For more visit: [link].

article thumbnail

Hot Take on the Wavy Baby Decision (Guest Blog Post)

Technology & Marketing Law Blog

Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face. This is not just a new standard in trademark law, but a new standard for this ancient and important literary form. Tam , 582 U.S. 218 (2017); Iancu v. Brunetti , 139 S. 2294 (2019).

Blogging 130
article thumbnail

Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

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.

article thumbnail

Distinctiveness in Trademark Law

azrights

Hence Pizza Hut is also a registered trademark. This combination of words with Pizza are sufficiently distinctive to qualify as trademarks, although these registrations do not stop other brands from using the words Hut or Express in their brand names. The post Distinctiveness in Trademark Law appeared first on Azrights.