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There are several key benefits to trademark registration. In fact, I’m certain that happens every single day to thousands of brands when people are coming up with names or clearing names and we never hear about them. So, once it’s registered, the registration is literally working for the owner 24/7.
Goalie – The ultimate protector and backstop: Trademark Registration. Midfield – Both attacking and defensive for protection when needed: Issuing ‘cease and desist’ letters when infringements occur. Offense – goal scoring and attacking: litigating as needed to protect the brand.
The following is an edited transcript of my book video Building a Bold Brand Chapter 6: Why Apply to Register Trademark registration with the USPTO has tremendous value. A trademark registration is a tangible asset that can be assigned, licensed, or used as collateral in the sale of a business.
Why send a cease-and-desist letter? On its surface, a cease-and-desist letter seems like a less expensive way to enforce intellectual property rights. Are Amazon sellers using a similar brand or product name? Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter?
The following is an excerpt from my book, Building a Bold Brand. Trademark registration with the United States Patent and Trademark. as low as $225, and the resulting trademark registration provides a. myriad of benefits to its owner: Using the registration symbol (®) looks nice, and the official. your brand.
Then they received a cease-and-desist letter: another company had already registered the identical brand name for the identical services. So they not only had an unprotected trademark, they had skipped some critical steps in the brand protection process. Second, there’s the cost of time.
The Summer Olympics got me thinking about what it would take for a decathlon of trademark protection: to be well-rounded and ensure that a brand, a trademark, has covered all the angles and excels at everything. Achieve registration. Maintain and renew the registration to make sure it stays valid for as long as possible.
The following is an excerpt from my book, Building a Bold Brand. Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter! Small businesses are just as capable of creating and building great brands as big businesses are. Celebrity endorsements.
The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”. Lawsuits around these particular issues are rare and the disputes that do arise typically are handled through cease and desist letters or takedown notices.
Additionally, they help the customers distinguish between brands and understand the quality of the products they buy. Trademarks also carry all the image and reputation a brand builds over the years. Have Proper Symbols of Trademark Registration & Ownership. They validate the source of products or services.
This is generally done by giant corporations and brand names to survive the competition and swallow the small businesses for gains. The modus operandi of bullying and legal threats which are baseless by large entities gets initiated by serving a cease and desist notice which contains threats of instituting a trademark infringement suit.
Last December , Cookie Department accused Hershey-owned company One Brands LLC of copying one of their trademarks in a California federal court lawsuit. One Brands sold a product labelled “Tough Cookies Only” which Cookie Department argued infringed on its “Tough Cookie” trademark.
I think you would agree with me that protecting a brand has become increasingly difficult in this digital era, where originality is becoming a thing of the past. Recently, we had a case wherein our Client’s IR application was provisionally refused by the Indian Registry due to the existence of an already registered identical mark.
Though your mark might not be registered yet, having a pending trademark application will at least start you on the journey toward registration. Step 2: Enroll in Amazon Brand Registry Consider enrolling in Amazon Brand Registry if your trademark covers goods that can be sold on the e-commerce platform.
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. That should represent your brand and not explain it.
It helps to identify any legal barriers to the company’s use or registration of its trademark (which can be the company business name, brand name, slogan, or logo) before the company begins to use the trademark or apply to have it registered. Elements of Trademark Clearance. The USPTO, WIPO, EUIPO, etc., Post Clearance Search.
Moreover, trademarks also add to the brand value of a particular product or service. Generic trademarks refer to a trademark or a brand name that has turned into a generic term or has become synonymous with a particular product or service solely due to its popularity. Typically, a generic trademark loses its secondary meaning.
Essential Benefits of Trademark Registration – Part 1 Imagine you’ve been using your business name, logo, or slogan for several years, building a good base of local customers. You make moves to expand your market, and suddenly you get a cease-and-desist letter from another business that has better rights to the trademark.
The growth of internet and internet related facilities have made brands shift a major part of their business online, some generating the entirety of their income through online sales. In this blog, we will see brands and trademarks on the internet and how to protect them from infringement. Protecting brands.
Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Image from here Kia Wang vs The Registrar of Trademarks & Anr.
Major brands such as Coca-Cola, Disney, Nike, and Ubisoft were quick to jump on the bandwagon, for example. Some of the same brands have also been exploited by third parties who created unauthorized NFTs. While some of these NFTs are bound to become irrelevant, the underlying technology has plenty of potential.
Consumers are shifting their preferences from physical to the online mode today, and to meet this demand, several brands have started working towards optimizing their online presence, protecting their brand equity, and driving profitable e-commerce sales growth. Dealing with the Challenge.
So, he was in disbelief when he received a cease and desist letter from lawyers acting for the high end China Tang at the Dorchester Hotel in Mayfair whose rights to use the name stemmed from a figurative trademark in class 43 (restaurant services, catering services, cafes, cafeterias, and self-service restaurants) registered in 2005.
Introduction A trademark is a symbol that differentiates one’s brand from another. Registration of everyday words such as “bottle”, “company” etc, is not allowed. How to prevent: One should select a unique/distinctive mark that represents your brand.
trademark abandonment is defined by the Lanham Act as a ceasing to use a mark in commerce coupled with an absence of intention to resume use. Two of the main elements that determine trademark abandonment are as follows: The absence of the use of the mark Where the owner of the trademark ceases to use the mark in the course of commerce.
Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”).
LVB has a federal trademark registration, with the USPTO , for the word mark GENESIS under Registration No. Lafayette, Indiana – The Plaintiff, Lafayette Venetian Blind, Inc., (LVB) LVB) conducts business under the business name “ Lafayette Interior Fashions ” in West Lafayette, Indiana.
It is also called a brand name because it contains names, symbols, logos, and taglines that help to identify and differentiate a company’s goods and services from those of others. Customers can simply differentiate between the brands they were looking for. Customers can identify the brand and its products by a glance.
The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. She settled on the brand name Katie Perry and started her own fashion label in 2007. Where there exists a penumbra of uncertainty in the scope of the registration, this would not generally be resolved in favour of the trade mark owner.
Infosys Limited obtained many registrations for the mark in various classes, the first being in 1987, and the company has been operating its website, wwww.Infosys.com, since 1992. The plaintiff argued that Infosy’s brand value in this trademark could mislead consumers into presuming a connection between the two companies.
Stephen Mouka issued a Cease and Desist Notice to the public after an X user created and shared a limited merchandise bearing the slogan. Things, however, took a different turn in when Njemanze's application and registration of Domittila as a trademark were revoked by the Trademark Tribunal. Katpost on the decision here.
Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos.
is a Delaware Corporation, with its principal place of business in Somerville, Massachusetts and is one of the top five sportswear brands in the world by revenue. PUMA applied for a Federal Trademark registration under Application Serial No. Brooks”) cease and desist the use of the Mark NITRO mark in connection with footwear.
A particularly nifty feature is the flow chart for establishing whether a design is capable of registration based on a series of simple yes/no questions. In fact, this occurs in various sections of the book, such as in Chapter 4 on unregistered design rights, where the context as to their inception (i.e.
Don’t even think about being cheap when it comes to trademark registration. First, you can record a trademark registration with US Customs to block the import of infringing goods. First, you can record a trademark registration with US Customs to block the import of infringing goods. Not all marks, however, qualify.
While a trademark administrative procedure would end within a few days with a peremptory order to cease and desist the illicit use of the bottles and a fine for the infringer, an unfair competition/trade dress lawsuit could last for 12 months and would be more expensive. Tsingtao’s choice. The MSA Decision.
It means you can be the one to send a cease-and-desist letter to a copycat, rather than being on the receiving end of one. Registering your business name this way lets the world know you have the ownership rights to that name when it comes to the goods and services you provide. The post Do You REALLY Own Your Business Name?
You do all of the things you are supposed to do (the meticulous planning, research and set-up of your business entity and financial obligations) and, of course, you file one or more trademarks to protect your valuable business brand. Your application is accepted by the USPTO and you believe everything is in order.
In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.
There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced.
Apple could argue transborder reputation, asserting that its brand’s recognition and reputation extend beyond national borders. Inherent Distinctiveness: The Apple logo and brand name are inherently distinctive due to their unique design and association with the company’s products, such as iPhones, iPads, MacBooks, etc.
In my view the judgment is controversial and arguably misses the bigger picture, including the cumulative impact of more and more broadly drafted registrations on the practice of trade marks. The same could also apply to a company registration. SkyKick has said it would appeal – again – this time to the UK Supreme Court.
The French brand sells a range of blouses that are both romantic and classic ( e.g. Darcy, Fraisier ), minimalist tops ( e.g. Esterel ), oversized sweatshirts with delicate details ( e.g. Erlanger, Dunes ) and jumpers combining a cosy and structured style ( e.g. Falguière ). A Kat taking a rest.
On the other hand, New Delhi-based Resilient Innovations Private Limited (Defendant) is a relatively new company known for its brand BharatPe. Background In 2018, PhonePe sent a cease and desist notice to the Defendant, requesting that they cease using the brand name with the ‘Pe’ component written in the Devanagari script.
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