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. As each right has been brought into effect to protect different aspects of Intellectual Property, they have distinctive qualities.

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Registration Design Designs Trademark 93

JD Supra Law

APRIL 21, 2023

This blog post explains the general requirements for specimens for trademark and service mark applications. There are numerous exceptions to these general specimen rules depending upon the type of the mark, the respective goods and services of the application, and particular industry standards for the goods/services.

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Trademark Service Mark Blogging 52

The TTABlog

AUGUST 24, 2022

The Board affirmed refusals to register the product design shown below as a trademark for acupressure mats and pillows, and as a service mark for retail store services featuring those goods, finding that the product shape lacked acquired distinctiveness as a trademark and failed to function as a service mark.

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Service Mark Design Designs Social Media 40

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

The growth of Intellectual Property Rights has led to an increase in demand for trademark lawyers in India. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This is where you need a trademark lawyer or agent to step in.

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Trademark Intellectual Property Registration Trademark Law 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

The growth of Intellectual Property Rights has led to an increase in demand for trademark lawyers in India. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This is where the role of trademark lawyer in India becomes crucial.

Trademark 52

Trademark Registration Intellectual Property Service Mark 52

Technology & Marketing Law Blog

MARCH 5, 2024

The print-on-demand service at issue is Pixels, who has appeared on this blog before. The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung.

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Artwork Trademark Publishing Marketing 119

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

The court heard that Mr. Haddad and his two brothers broke up in 2008, and that the latter have owned the BHPC name and trademark rights in the US since then through their firm, BHPC Associates. He said that companies and brands would deal with the conflict between trademark territoriality and the global existence of the internet.

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Trademark Intellectual Property Branding Brands 59

Biswajit Sarkar Copyright Blog

AUGUST 10, 2022

Kaira District Cooperative Milk Producers can register the word Amul for any class of goods or services. Marks that have achieved such status and reputation are known as well known trademarks. Well known trademarks are marks that have become so to a substantial segment of the public that uses such goods or services.

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Trademark Service Mark Registering Trademarks Advertising 52

Intepat

MAY 29, 2024

Registering a trademark involves navigating various procedures and submitting several documents to the Trademark Registry. Trademark applications can be filed under two primary categories: “Claiming User Date” and “Proposed to be Used.”

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Registration Trademark Advertising Advertising 52

LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles!

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

The court heard that Mr. Haddad and his two brothers broke up in 2008, and that the latter have owned the BHPC name and trademark rights in the US since then through their firm, BHPC Associates. He said that companies and brands would deal with the conflict between trademark territoriality and the global existence of the internet.

Trademark 52

Trademark Intellectual Property Branding Brands 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. V RGV Film Factory” [4] , the court rules that a movie title’s eligibility for trademark protection depends on its acquisition of secondary meanings and uniqueness. [5]

Cinema 98

Cinema Copyright Blogging Registration 98

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

What is Trademark Search? Trademark search refers to any action taken to determine whether a trademark is used in commerce. Indian Trademark Search. The Procedure of Trademark Search. The Procedure of Trademark Search. There are 45 classes of trademark registration.

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Trademark Blogging Registration Service Mark 40

Biswajit Sarkar Copyright Blog

NOVEMBER 22, 2021

All companies ensure that their domain names co-relate with their respective trademarks. It helps the consumer correlate and identify the company based on their trademark. It prohibited the defendants from using the name “yahooindia.com” They could not use any other trademark that is alike the plaintiff’s brand.

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Service Mark Registration Trademark Registering Trademarks 52

The TTABlog

NOVEMBER 27, 2023

Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. A threshold question in evaluating the registrability of a trademark or service mark is whether the proposed mark meets the source indication requirement.

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Service Mark Registration Artwork Business 60

DuetsBlog

SEPTEMBER 8, 2020

Seemed like a great blog topic, for some day, given my distaste for the USPTO’s insatiable appetite for fusing informational refusals with trademark incapability. Since consumer perception controls trademark capability , favoring a review of the facts and circumstances (instead of incapability rules ) makes more sense to me.

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Registration Branding Brands Branding 59

Biswajit Sarkar Copyright Blog

SEPTEMBER 16, 2021

Preparation/ Filing of Trademark Application (s/18 of the Trademarks Act, 1999). Description of the Trademark-. Device mark. Description of the Goods or Services. Classification of the Goods or Services-. Date of Adoption of the Trademark. Date of Adoption of the Trademark. User date-.

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Registration Trademark Journalism Advertising 40

IP and Legal Filings

JULY 24, 2023

For instance, an image may be used in a blog, and if that image is uploaded elsewhere, it is permitted as long as the proper reference thereof is provided. However, it does not permit resale, distribution or any form of commercial use; templates, merchandise and decoration in small commercial spaces are also prohibited.

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Licensing Advertising Advertising Copying 98

IP and Legal Filings

JUNE 8, 2022

In this blog we will talk about the process of registration and what type of protection is provided under the designs act. One of them is ‘Design’ which is a composition of colors, shapes patterns, etc which add value and attraction to the product. Picture Credit: Shutterstock]. 25,000 which may extend up to Rs 50,000.

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Registration Design Designs Intellectual Property 97

The TTABlog

DECEMBER 13, 2024

Failure-to-function is the original sin of trademark law. If consumers don't or won't perceive a term as indicating source, then the term is not a trademark (or service mark). TTABlogger comment: Compare this case to the FIRST YEAR DOWN reversal blogged a few days go. In re Brunetti , 2022 USPQ2d 764.

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Service Mark Trademark Law Trademark Blogging 45

LexBlog IP

SEPTEMBER 28, 2021

Howard that trademark cancellation proceedings before the Trademark Trial and Appeal Board (“TTAB”) do not have claim preclusive effect against trademark infringement lawsuits in federal district courts because of the TTAB’s limited jurisdiction. 4,170,469 [the “’469 mark”]).

Trademark 52

Trademark Service Mark Litigation Blogging 52

Kashishipr

JULY 27, 2022

Through M&A and purchase of IP assets such as trademarks and copyright, a company gets pre-established policies, strategies, and resources to explore new areas, which helps reduce the cost of procedure or operation cost and other costs needed in the course of action. ? For more visit: [link].

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Intellectual Property Artistic Work IP Marketing 52

Intepat

SEPTEMBER 27, 2024

However, this transformation has significant challenges, such as counterfeiting, trademark infringement , and unauthorized use of copyright contents, faced by the rights holder and the creator, particularly in the domain of intellectual property rights (IPR). The Copyright Act, 1957: Under the said act, S. Flipkart India Pvt.

Intellectual Property 52

Intellectual Property IP Trademark Copyright 52

Biswajit Sarkar Copyright Blog

NOVEMBER 20, 2023

Trademarks Independent applications must be filed in each country. It is the conventional way to file a trademark. There is no unified office for EAEU trademarks. It is the unified register of EAEU trademarks. Foreign applicants must appoint a representative among trademark attorneys of the EAEU countries.

Intellectual Property 52

Intellectual Property IP Contracts Registration 52

Garrigues Blog

SEPTEMBER 14, 2022

In fact, since the adoption of the Paris Convention for the Protection of Industrial Property in 1983, which applies to both Spain and the United Kingdom’s industrial property systems (among others), contracting States are required to refuse the registration and to prohibit the unauthorized use of trademarks including armorial bearings (e.g.,

Intellectual Property 52

Intellectual Property Branding Brands Branding 52