Biswajit Sarkar Copyright Blog

JUNE 4, 2023

Whether it’s virtual reality experiences, in-app purchases, or digital assets, protecting your brand and creations with a trademark is essential. In this article, we will explore the process of obtaining a trademark for virtual goods and the importance of seeking guidance from a trademark and patent attorney in India.

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Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. Plaintiff’s Arguments. SSPL was incorporated in 2004.

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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. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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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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IPilogue

DECEMBER 6, 2021

Eloise Somera is a 3L JD Candidate at Osgoode Hall Law School , enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice. The Zellers Trademark: Then and Now.

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Kashishipr

JANUARY 5, 2022

The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a Registered Trademark.

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Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. A 3D shape cannot be registered as a trademark if the shape: Arises from the inherent nature of the object or goods; Provides a technical function; or.

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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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Intepat

JULY 4, 2024

On April 11, 2024 the United States Patent and Trademark Office (USPTO) issued Guidance on the use of Artificial Intelligence Based Tools (“Guidance”) by applying the existing rules and policies to the use of Artificial Intelligence (AI).

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Kashishipr

JUNE 22, 2022

In India, the Trademarks Act of 1999 (referred to as ‘Act’ further in this article) forms the legal basis for Trademark Registration , protection, and enforcement. Any individual or entity can file an opposition against the proposed trademark published in the trademark journal.

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Kashishipr

SEPTEMBER 22, 2021

A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization. What is Trademark Licensing? Exclusive License.

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Kashishipr

JANUARY 19, 2022

The form of intangible property comprising of skillsets, know-how, business ideas, and strategies have helped in the development and generation of the transborder reputation of several brands. Noting the Difference between a Brand and a Trademark. A trademark can be inclusive of the brand name or something completely different as well.

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LexBlog IP

JANUARY 13, 2022

When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. If you are looking to appoint a Canadian trademark agent, DW does so for no charge. Filing Strategies for Faster Results.

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Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

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Kashishipr

JUNE 4, 2021

Can we Trademark QR Codes? QR codes by themselves are unable to be trademarked since Trademark Law only covers the things that allow the public to identify your goods and services easily, such as names, logos, slogans, sounds, or colors. There is also no public interest in refusing the registration of the sign.

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LexBlog IP

MARCH 10, 2022

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Below are the most notable changes made by the TMA and key takeaways for trademark practitioners and brand owners. New Procedures for Challenging Registered Trademarks and Pending Applications.

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IPilogue

OCTOBER 18, 2022

This is an interesting example of how intellectual property law can be utilized to smother the proliferation of harmful views. The context surrounding the litigation shows that protecting business interests is not trademark law’s sole function. .

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Kashishipr

MARCH 23, 2022

A trademark refers to a legally registered word or symbol representing a specific product or service of a company. Therefore, we can say that a trademark serves as a helping hand in gaining more uniqueness and popularity everywhere, including on platforms as prevalent as the internet. While Tony La Russa (the former manager of the St.

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Kashishipr

OCTOBER 19, 2022

The Trademark Rights have clearly explained the essentials and attributes of a trademark. A trademark exists in the form of an expression, slogan, or any other sign identifying the services or products of one business and distinguishing them from those of others in the market. Exploring the Essentials of a Good Trademark.

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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. Relationship between Trademark Law & the Hospitality Industry.

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IP and Legal Filings

JANUARY 16, 2023

Image Sources : IP Blog Dot PL]. These innovations are which attract more and more buyers, which is guarantee their huge profits thus, they tried to use legal means available to protect their innovations, and ultimately, they came up with the idea to make it their exclusive property under Intellectual Property Law.

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Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. Overview of Trademark Assignment.

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Greenspoon Marder LLP

OCTOBER 11, 2018

Similar to their patent or copyright troll counterparts, “trademark trolls” are unscrupulous characters that exploit intellectual property laws for financial gain. Although some may characterize “trademark bullies” (i.e. Although some may characterize “trademark bullies” (i.e.

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Erik K Pelton

MARCH 11, 2022

In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. ” More than 100 comments were submitted. .”

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Kashishipr

SEPTEMBER 20, 2022

The arrival and emergence of advanced technology, specifically the internet as a search platform, have catapulted the quality of performing a Trademark Search. The same has also led to the creation of advanced strategies for conducting a trademark search. It can be a possible search tool for non-word trademarks.

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Kashishipr

AUGUST 10, 2021

Domain names are granted on a ‘first come, first served’ basis, and the registration is inexpensive and convenient. Most frequently, a domain name dispute would arise when a domain name comparable to a registered trademark is registered by an individual or association who or that is not the trademark holder.

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Kashishipr

DECEMBER 21, 2021

Originating from German doctrine, one of the unconventional or non-traditional trademarks, ‘Position Marks,’ is a clear, precise, intelligible, and objective kind of mark placed or affixed at a specific area on a product in an appropriate and proportionate shape and size, capable of showing graphical representation.

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LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

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SpicyIP

MARCH 13, 2023

Call for Papers: NUALS Intellectual Property Law Review (Vol. V) [Submit by April 18] We’re pleased to inform you that the NUALS Intellectual Property Law Review is inviting contributions to the fifth volume of the journal. For further details, please read the call for papers on the blog.

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Kashishipr

MAY 18, 2022

The simplest mechanism of achieving the same is through Trademark Registration. The prime purpose of a trademark is to help people identify and recognize the origin or source of a specific product or service. A trademark reflects the source or origin and the quality of the products or services.

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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.

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Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

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IPilogue

JANUARY 17, 2023

Cynthia Zhang is a 3L JD Candidate at Osgoode Hall Law School. As a student of Osgoode’s Intellectual Property Law and Technology Intensive for the Fall 2022 semester, I had the opportunity to complete an internship placement at Ontario’s public educational broadcaster, TVO. Pina D’Agostino’s IP Intensive Program.

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IPilogue

FEBRUARY 3, 2023

Under her leadership, IP Osgoode has become a key voice on intellectual property law and technology issues, forging fruitful relationships with academics, legal professionals, policymakers, and industry actors, while offering wonderfully rich learning opportunities to our students and graduate researchers.

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Kashishipr

AUGUST 17, 2022

Here are a few reasons why content creators and social media influencers should consider registering their IP: IP registration helps establish ownership of the IP assets, which, in turn, helps enforce rights in the scenario of a legal dispute. How to Ensure Compliance with IP? Final Thoughts.

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Biswajit Sarkar Copyright Blog

JANUARY 24, 2023

Another steps that can be taken in order to prevent bio-piracy the Intellectual Property Law regime in India combined with the sui-generis system can be used. The registration will be useful as evidence in case any unauthorized entity tries to claim proprietorship over the GI tagged product.

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Kashishipr

SEPTEMBER 14, 2022

The courts in India protect barcodes and QR codes under the Trademark Law. The plaintiff also had a Trademark Registration certificate for the barcode with a pictorial design and ‘890’ therein in class 35 concerning certification services. Needle Industries (India) Pvt. For more visit: [link].

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