Likelihood of Confusion

OCTOBER 20, 2024

Republished by Blog Post PromoterAnother not-safe-for-work story is out there about a trademark registration denied under Section 2(a) of the Lanham Act as “immoral or scandalous.” Originally posted 2013-09-28 21:24:28. ” John Welch and Marc Randazza address the issue brilliantly here and here.

Blogging 98

Blogging Registration Trademark 98

Kashishipr

APRIL 6, 2022

Sound trademarks are widely recognized in developed nations like the United States, and their knowledge is now rapidly growing in developing nations like India. In India, a sound that can be graphically represented by a succession of musical notes with or without words can obtain Trademark Protection.

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Registration Trademark Intellectual Property Branding 105

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 Branding Branding 105

IP Watchdog

AUGUST 16, 2021

Recently, USPTO Commissioner for Trademarks David Gooder wrote on the USPTO Director’s Forum Blog that registrations for U.S. trademarks are up 63% from the same period in 2020. The USPTO received over 92,600 trademark applications in December 2020 alone. First Action Pendency (months) in Q1 of 2020 was 2.8

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Trademark Registration Blogging Branding 139

IP and Legal Filings

JANUARY 8, 2025

Introduction Customs law and trademark law operate at a crucial interface when it comes to protecting intellectual property rights (IPRs) and against counterfeiting. The Trademarks Act, 1999, gives trademark protection to the identity of brands. Under Rule 2007 of IPR Rules, trademarks can be recorded with customs authorities.

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Trademark Law Trademark Law Intellectual Property 59

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.

Trademark 59

Trademark Branding Brands Branding 59

Patent Trademark Blog

FEBRUARY 13, 2025

Was your trademark application rejected again? It can be frustrating to receive a second refusal in your trademark application. Let’s explore smarter options when your trademark application is rejected again. Need to overcome a second trademark rejection? Trademark rejected again for being merely descriptive?

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Trademark Due Diligence Registering Trademarks Registration 52

IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. This blog states the key differences between the two which may help you to do the same. There are added benefits to each IPR that come along with their registration.

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Registration Design Designs Trademark 93

Erik K Pelton

NOVEMBER 15, 2021

The following is an edited transcript of my video, 50 Ways to Use Your Trademark. Clients ask all the time, “Now that I’ve got my trademark protected or registered, how do I use it? There are many different places and ways to use your trademarks. I’ve got 50 Ways to Use Your Trademark. Where do I use it?”

Trademark 147

Trademark Branding Branding Brands 147

Likelihood of Confusion

DECEMBER 20, 2024

Republished by Blog Post PromoterBad feelings from (not so?) Just how much should trademark registration reflect personal, national, or ethnic sensibilities? The post Politically incorrect trademarks, continued appeared first on LIKELIHOOD OF CONFUSION. Originally posted 2014-07-24 15:34:57. But not in China.

Trademark 52

Trademark Blogging Registration 52

Kashishipr

MAY 25, 2021

A blog is like any other creative work of literature manifested in a different form. Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. Copyright and Blogs. Therefore, it is always an option to copyright the entire blog.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

Patent Trademark Blog

JANUARY 15, 2025

Are we talking about real or theoretical trademark confusion? What makes one trademark too similar to another? When you are thinking of a new product name to apply for, how do you avoid choosing a mark that might get rejected for being confusable with other trademarks? Need to apply for a trademark that avoids confusion?

Trademark 52

Trademark Registration Blogging Marketing 52

Erik K Pelton

MAY 10, 2021

A portfolio of trademarks entails multiple brand names, logo, slogans, and/or other source indicators protected by a business. Many, or even most, businesses have more than one trademark that could be protected – different brands, or a good slogan or logo. What is your portfolio of trademarks and should you have one?

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Trademark Social Media Branding Branding 130

Patent Trademark Blog

JANUARY 5, 2023

Has your trademark application received a Section 2(d) likelihood of confusion rejection? So your trademark application has been refused registration on the basis that your mark is confusingly similar to at least one registered mark. This is a strategic decision you will want to discuss with your trademark attorney.

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Registration Trademark Blogging IP 98

Intepat

DECEMBER 4, 2024

Introduction Trademarks serve as identifiers of the source of goods or services, traditionally encompassing logos, names, and slogans. However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. The concept of unconventional trademarks has a relatively short history.

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Trademark Intellectual Property Branding Branding 52

Technology & Marketing Law Blog

JULY 9, 2023

The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). Indeed, many emoji-like symbols have been registered as trademarks in the US.

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Registration Trademark IP Advertising 98

Likelihood of Confusion

NOVEMBER 24, 2024

Republished by Blog Post PromoterWhen trademark lawyers — much less judges — use a word, it means just what they choose it to mean — neither more nor less. Originally posted 2021-04-13 10:40:33.

Blogging 98

Blogging Trademark Trademark Law Registration 98

IP and Legal Filings

DECEMBER 17, 2024

Abstract In the changing landscape of intellectual property law, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. Unlike conventional trademarks that primarily use visual elements, non-conventional trademarks engage multiple senses to foster brand recognition.

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Trademark Branding Branding Brands 52

Patent Trademark Blog

MARCH 28, 2023

Trademark reexamination: A new way of attacking registrations Back in the old days, you had to file a TTAB cancellation in order to cancel a trademark registration for lack of use. What if you simply wanted to cancel a trademark registration based on nonuse without going through all the expense and effort of litigation?

Trademark 98

Trademark Registration Litigation Blogging 98

Patent Trademark Blog

JANUARY 9, 2023

What does trademark allowance rate mean? With so many options for trademark filing services, how do you compare one trademark service to another? One way to determine a trademark attorney’s track record is to look at the trademark allowance rate. How does my trademark track record compare to others?

Trademark 98

Trademark Registration Publishing Registering Trademarks 98

Erik K Pelton

JANUARY 26, 2021

The following is an edited transcript of my video “How Can You Avoid Losing Your Trademark Rights Over Time?” ” There are four things that a trademark owner should do to ensure that they don’t lose the strength or protection in their trademark, even after it’s registered.

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Trademark Registering Trademarks Branding Branding 130

SpicyIP

FEBRUARY 3, 2025

SpicyIP Tidbit: The Evergreen Conundrum: DHC Grants Interim Injunction to Evergreen Sweet House in a Trademark Dispute In a recent trademark dispute between Evergreen Sweet House v. The top two entries will be awarded with some cash prizes and also with a chance to be published on the blog! Kirloskar Brothers Ltd.

Copyright 95

Copyright Trademark Litigation Copyright Infringement 95

Kashishipr

DECEMBER 1, 2021

It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. Trademark cancellation actions can be filed by third parties and can prove to be extremely time-consuming, costly, and damaging to the brand. Why Does a Trademark Need to be Used?

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Trademark Registering Trademarks Registration Intellectual Property 105

Technology & Marketing Law Blog

DECEMBER 11, 2023

The Second Circuit stayed MSCHF’s appeal of the district court’s ruling that the Wavy Baby infringed Vans’ trademarks pending the Supreme Court’s decision in Jack Daniel’s v. 140 (2023), since that decision was expected to provide guidance to lower courts for resolving free speech defenses in trademark infringement cases. VIP Prods. ,

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Blogging Trademark Branding Brands 130

Technology & Marketing Law Blog

SEPTEMBER 20, 2021

. ” Last month, in one of them, I filed a declaration stating that “Emojico appears to be running a trademark trolling operation.” has trademark registrations in a popular dictionary word, “Emoji.” GmbH as a Possible Trademark Troll appeared first on Technology & Marketing Law Blog.

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Trademark Fair Use Settlement Blogging 145

Technology & Marketing Law Blog

MARCH 7, 2022

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.

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Registration Blogging Copyright Design 98

Patent Trademark Blog

FEBRUARY 13, 2023

What are similar trademarks? Maybe it’s just me, but it sure seems like the USPTO has become more aggressive in refusing registration of trademarks. The reason has to do with registrations of similar marks. Ultimately, you would save a lot of time and money if you can navigate around this trademark landmine.

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Trademark Registration Graphic Design Design 97

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement.

Trademark 105

Trademark Registration Branding Branding 105

Erik K Pelton

NOVEMBER 3, 2020

I am particularly sensitive to the trademark challenges that small businesses face for several reasons. Pelton & Associates, to advise and counsel others about trademark protection. a great trademark: Marketing department. In the end, only one trademark question matters for businesses. Corporate attorney.

Business 130

Business Trademark Cease and Desist Branding 130

Patent Trademark Blog

MAY 9, 2023

Why register your trademark in a foreign country? While I’ve discussed how to file foreign trademark applications , let’s dig into the why question. That means a US trademark registration does not provide the trademark owner with rights outside the United States. IP rights are territorial.

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Trademark Registering Trademarks Registration IP 98

IPilogue

DECEMBER 1, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. Given the significance of a company’s trademarks to its brand identity, this post is dedicated to providing some insight about trademark considerations for a corporate rebrand. Trademarks.

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Business Trademark Social Media Registration 111

Erik K Pelton

FEBRUARY 14, 2022

We are pleased to release our new TRADEMARKIVE. Trademarkive? is a one-stop resource for all things trademark. We have curated this content from hundreds of EMP&A videos, podcasts, blog posts, visuals, books, and more — created over more than a decade. Why register a trademark. Trademark infringement.

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Trademark Branding Branding Brands 130

Biswajit Sarkar Copyright Blog

OCTOBER 4, 2023

The design was granted registration by the Controller General of Patents, Designs and Trademarks, Kolkata. The post Indian Navy Obtains Registration for New Mask Design appeared first on Biswajit Sarkar Blog. The post Indian Navy Obtains Registration for New Mask Design appeared first on Biswajit Sarkar Blog.

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Registration Design Designs Journalism 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

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 Branding 105

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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Registration Artistic Work Copyright Registering Trademarks 98

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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Trademark Registration Registering Trademarks Social Media 105