The IPKat

NOVEMBER 25, 2024

The court was asked to decide whether the American artist Katy Perry was liable for trade mark infringement and whether the trade mark “KATIE PERRY” registration should be cancelled. The recent reform includes updated definitions for terms such as "design" and "product." Image courtesy: Seher Moya

Designs 68

Designs Design Art Registration 68

Erik K Pelton

OCTOBER 28, 2022

I’ve been blessed over the years to be able to work with a lot of clients that are in the music industry – whether they’re performers, producers, music labels, music websites—all different aspects of the industry – to help protect their brands. That is the definition of what a brand is.

Trademark 147

Trademark Music Social Media Branding 147

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration 98

Registration Trademark Trademark Law Law 98

Erik K Pelton

MAY 2, 2022

And believe it or not, nonprofits definitely need trademark protection. You see, nonprofits have brands just like any other organization or business. So their brands are very, very important and they are eligible for trademark protection just like any other brand. They are brands, they can and should be protected.

Trademark 147

Trademark Branding Brands Branding 147

The IPKat

JULY 12, 2022

As noted by GuestKat Becky Knott in her earlier post ( here ), brand owners have been very active in protecting their brands through attempts to secure trade mark registrations in response to the rise of the Metaverse.

Non-Fungible Tokens 144

Non-Fungible Tokens Branding Brands Branding 144

The IPKat

NOVEMBER 23, 2024

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. The Court considered the dictionary definitions of "clothes", which ordinarily applies to garments that cover the body, but not the head or feet.

Cease and Desist 71

Cease and Desist Registration Branding Branding 71

IP and Legal Filings

JUNE 9, 2022

There exist several IPRs and it is important to be aware of which one is suitable for your brand/ business. There are added benefits to each IPR that come along with their registration. Registration is the procedure of filing a particular mark/ name under the respective authority of legal statutes.

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Registration Designs Design Trademark 93

Intepat

DECEMBER 4, 2024

However, unconventional trademarks challenge traditional concepts of visual representation, leading to significant complexities in their registration, protection, and enforcement. Rooted in the expansion of brand identity, their evolution began in the mid-20th century, gaining traction with sound and colour marks.

Trademark 52

Trademark Intellectual Property Branding Brands 52

IP and Legal Filings

DECEMBER 17, 2024

Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.

Trademark 52

Trademark Branding Brands Branding 52

Traverse Legal Blog

JANUARY 26, 2021

With the legalization of various forms of marijuana in some states, products involving Cannabidiol (CBD) and hemp have been rapidly entering the market, and businesses are seeking to protect their brands in this growing market. Do I Still Have Rights if Someone is Using a Name, Mark, or Brand Similar to Mine?

Trademark 97

Trademark Registration Branding Brands 97

IP and Legal Filings

FEBRUARY 24, 2025

A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. These markings play a crucial role in differentiating brands and improving the customer experience. The importance of tactile branding in the space, beverage, and high-end goods industries has been well-established. [1]

Trademark Law 52

Trademark Law Trademark Law Branding 52

Erik K Pelton

AUGUST 18, 2020

And protecting the words alone means that all fonts, colors, designs, and uses of those words are covered in the scope of the trademark registration. And because that logo is creative and very good, it’s definitely worth protecting separately. In some ways it creates a smile face, in some ways it creates a going from A to Z idea.

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Trademark Social Media Registration Branding 130

The TTABlog

JANUARY 9, 2023

Brunetti , deeming the "scandalous and immoral" provision of Section 2(a) unconstitutional, your run-of-the mill obscenities are going to face a difficult hurdle to registration: failure-to-function. However, the starting point for registration is the statutory definition of a trademark. TTABlogged here ].

Trademark 140

Trademark Social Media Registration Copying 140

Olartemoure Blog

MARCH 16, 2022

The situation is similar in Colombia since there is no regulation explicitly directed to “nutraceuticals”, nor a legal definition for these products is in place. The SIC during its trademark registrability evaluation does not analyze the same criteria that INVIMA assesses. Sentence 2004-00883 of June 7, 2018.

Registration 98

Registration Branding Brands Branding 98

SpicyIP

APRIL 18, 2025

It concluded the design was primarily functional, so the toothbrush design was not entitled to design registration. The court (Justice Gautam Patel) reasoned that Section 15(2) only talks about designs, not artistic works and the Designs Act explicitly excludes artistic works from the definition of design. This is codified in the U.S.

Designs 59

Designs Design Copyright Artistic Work 59

IP and Legal Filings

JANUARY 11, 2024

Trademarks are traditionally considered to be connected with visual elements that include logos, brand names, as well as packaging however, the field of trademarks has widened and it includes non-traditional marks, such as smells, sounds, colors etc. Iconic scents like Chanel No. Iconic scents like Chanel No.

Trademark 105

Trademark Intellectual Property Branding Brands 105

IPilogue

DECEMBER 16, 2021

Since the film discusses both the Gucci family and the Gucci brand, it may be helpful to examine each mark. The word ‘Gucci’ however, is also a fashion brand currently owned by the French corporation Kering. Therefore, the family has no legal control or stake in the Gucci name as a brand.

Branding 110

Branding Brands Branding Trademark 110

IP and Legal Filings

MAY 20, 2022

There are several kinds of trademarks in India that are eligible for registration the Trademarks Act 1999. Service Mark- Under the definition of a trademark section 2 (zb), a service is used to identify the source of service provided by a service company. IMPORTANCE OF TRADEMARK REGISTRATION IN INDIA. For example – Infosys.

Trademark 97

Trademark Service Mark Registration Registering Trademarks 97

IP and Legal Filings

JUNE 26, 2022

Definition of ‘trademark’ is provided under Section 2(1)(zb) of the Trademarks Act, 1999 (hereinafter the Act), which gives the owner of such marks certain exclusive rights. NEED & BENEFITS OF REGISTERING TRADEMARK: As seen above trademark registration can be granted for words, logos, slogans, devices and more in India.

Trademark 98

Trademark Registration Journalism Registering Trademarks 98

Intepat

JULY 12, 2021

The registration of unconventional trademarks is not new in India. The purpose of this article is to determine whether a motion mark is registrable under the current Trade Marks Act of 1999 (“the Act”). AIR 2016 Cal 41] held that “…Section 2(m) of the Act gives an inclusive definition of ‘mark.’”. INTRODUCTION.

Registration 98

Registration Trademark Journalism Branding 98

LexBlog IP

JANUARY 15, 2022

We recently spoke with Marcello do Nascimento regarding trademark and brand protection strategies in Brazil. Please tell us a little about your trademark and brand protection practice. Trademark registrations are very important to secure the use in our country and take action against possible infringements. Thank you, Marcello.

Branding 52

Branding Brands Branding Registration 52

Kashishipr

MAY 11, 2022

The single color or color combination of a product’s packaging can obtain Trademark Protection only if it is capable enough to be recognized by the general public as unique or belonging to a specific brand. It also encourages safeguarding the interests of the traders and consumers in the market. Law on Color Trademarks in India.

Trademark Law 105

Trademark Law Trademark Law Branding 105

Kashishipr

JANUARY 12, 2022

Often, hashtags help businesses reach out to their target audience and connect with them, which may further help them attain and achieve goodwill and raise awareness about their brand. Therefore, a hashtag helps build brand image and a brand community. What’s in a #Hashtag?

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. The Board was unmoved. emphasis by the Board).

Registration 61

Registration Branding Brands Branding 61

Selvam & Selvam Blog

SEPTEMBER 16, 2021

The USPTO’s Post Registration Audit Program. Under the USA’s Post Registration Audit Program, a declaration of use must be filed between the fifth and sixth year of the validity of the registration of the trademark. However, the use of a trademark is rarely monitored subsequent to its registration.

Registration 52

Registration Trademark Branding Brands 52

IP and Legal Filings

SEPTEMBER 14, 2023

This has led to consumers opting for brands that pledge their duty to contributing towards environmental protection by means of minimalism and sustainability. In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”.

Branding 98

Branding Brands Branding Trademark 98

Kashishipr

APRIL 20, 2022

” After going through all the definitions mentioned above, we can say a trade secret refers to any piece of info or data relating to a brand or business that is generally not known to the public at large and for which its owner puts in a sincere effort to maintain its confidentiality. Protection Offered by a Trade Secret.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

IP and Legal Filings

JUNE 26, 2023

Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities. However, protection to numbers have differed.

Trademark 96

Trademark Fair Use Registration Branding 96

The IPKat

MARCH 20, 2022

UCL | Patents in Telecom and the Internet of Things | 26-27 May 2022 | London, UK The UCL's Institute for Brand & Innovation Law has announced its 6th conference entitled " Patents in Telecom and the Internet of Things " - on May 26-27, 2022 in London. The full programme, list of panellists and registration can be found here.

Intellectual Property 77

Intellectual Property Registration Confidentiality Branding 77

Selvam & Selvam Blog

JULY 1, 2024

As brands have begun to increasingly rely on digital platforms to reach and engage with their target audience, the risk of unauthorized use of trademarks and the sale of counterfeit products has also grown. Unauthorized pages and posts on social media can dilute a brand’s goodwill and reputation and confuse consumers.

Social Media 52

Social Media Branding Brands Branding 52

IPilogue

AUGUST 16, 2022

August asserts that the Defendant, AirG Inc, a Canadian social media brand, committed copyright infringement by reproducing six of Pugliese’s Jennifer Lopez photos on their website without permission. The Court spent more time analysing the admissibility of the Copyright Certificate of Registration as evidence of Pugliese’s citizenship.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. The definition of these terms is unclear. But it is equipped to efficiently deal with new workload?

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Technology & Marketing Law Blog

OCTOBER 17, 2022

.” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” ” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints).

Trademark 124

Trademark Fair Use Registration Licensing 124

IPilogue

DECEMBER 17, 2021

does not include colour in the statutory definition of trademarks. Tiffany & Co has a multi-class registration for Tiffany Blue, but these are all narrowly defined. Colour trademarks protect brands if the use of the colour in connection to specific services or goods would confuse customers. since 1998. v Jacobson Prods.

Trademark 111

Trademark Social Media Art Ownership 111

43(B)log

JANUARY 18, 2022

This seems wrong to me—like holding a skateboard nonfunctional because you can also use roller skates if you want personal wheels, or the Dippin’ Dots ice cream configuration nonfunctional because one can eat regular ice cream instead—but does provide a nice illustration of the importance of market definition to functionality determinations.

Registration 45

Registration Ownership Social Media Marketing 45

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. The defendant was “Darveys.com”, it was a “luxury brand marketplace” [6]. Nakul Bajaj & Ors. [4]

Marketing 98

Marketing Marketing Trademark Registration 98

TorrentFreak

OCTOBER 25, 2021

became apparent in November 2020 when they obtained a DMCA subpoena which required the Tonic domain registry to hand over the personal details of the domain’s registrant. Europix branded domains were targeted in an earlier blocking order in Australia but it’s not clear whether these share the same operator.

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Copying IP Copyright Copyright Infringement 145