This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
The following is an edited transcript of my video Sounds, Colors, Scents, and Other Nontraditional Trademarks. Non-traditional trademarks are those things that indicate the source of a brand, but are not brand names, logos, or slogans. The uniform of a UPS driver is a registeredtrademark.
For every successful brand, it is critical to properly protect and to productively develop and use the underlying intellectual property (IP) in that brand to ensure its long-term growth. Trademark and registereddesign portfolio It goes without saying: maintaining a comprehensive trademark portfolio is key.
Though many important decisions people make when creating a new brand identity are intellectual property decisions, IP lawyers are rarely involved in the naming and brand creation process. . As a trademark lawyer, I began to ask myself why? So, I wrote Brand Tuned, the new rules of branding, strategy and intellectual property.
A human inventor serves as the central figure in the design of the patent system. The selection and evaluation of the previous art are aided further by the appropriately designated relevant art. DESIGNS Artificial Intelligence is also capable of creating designs on its own, akin to the inventions made.
Many brand owners are familiar with the value of registeredtrademarks, which safeguard the goodwill cultivated between mark holders and consumers by reducing confusion as to the source of the associated goods. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
A great logo can communicate a lot about a brand. Logos can become registeredtrademarks too. In this episode, Erik shares several examples of great logos and why businesses ought to consider protecting logo designs. A great logo can communicate a lot about a brand. Logos can become registeredtrademarks too.
Hasaram And Sons on 13 January, 2025 (Delhi District Court) The plaintiff, a firm selling Ayurvedic medicines, sought a permanent injunction restraining the defendants from infringing their copyright and trademark and passing off of trade dress. The plaintiff used the registeredtrademark Nayan Jyoti for their most popular product.
Why Amazon Sellers Should Care Amazon Brand Registry In order to ensure a smoother application process for Amazon Brand Registry, the most important thing to do is to derisk your trademark application with the USPTO. Need a registeredtrademark to maximize full benefits of Amazon Brand Registry?
INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registeredtrademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign
Dabur India Limited vs Bhagwati Udyog on 7 October, 2024 (Delhi District Court) Image from here The Plaintiff sought permanent injunction restraining the defendant from infringing and passing off its registeredtrademark “GULABARI” by selling rose water under the deceptively similar mark “AAYUSH GULABARI.” New Balance Athletics, Inc.
The complaint focuses on the use of marks by Hyk that Hiker claims are confusingly similar to its own registeredtrademarks. Hiker has been in the business of designing and manufacturing customizable trailers for over a decade, earning a reputation for quality and durability.
The following is an edited transcript of Chapter 8 of my book video Building a Bold Brand: The Trademark Registration Process: A Long and Winding Road The trademark application process at the United States Patent and Trademark Office (USPTO) is generally long, complex, and full of deadlines. Search first.
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. Suffering such indemnity bonds to customs for any possible liabilities.
Non-traditional trademarks are some of the most interesting and fun topics to discuss in the world of brand protection. They’re not terribly common for most brands, and that’s part of what makes them interesting. Non-traditional trademarks include sounds, sense, motions, lighting, colors, and more.
Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. There exist several IPRs and it is important to be aware of which one is suitable for your brand/ business. There are many more provisions other than those that safeguard the design rights.
Levi Strauss And Co vs Dinesh Sharma on 26 September, 2024 (Delhi District Court) Image from here The plaintiff sought a permanent injunction against the defendant for infringing on its trademarks, including “LEVI’S,” the “Two Horse Logo,” and the “Arcuate Stitching Design.”
No trademark office across the globe will ever keep a watch on the market for unauthorized use of your RegisteredTrademark. Furthermore, it will also never enforce your trademark rights on your behalf. It implies that the onus lies with the trademark holder to prevent others from infringing upon his trademark rights.
Trademarks provide multiple crucial advantages to businesses and customers alike. 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.
The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Apart from designer clothes, this year also saw the debut of new signature colours of two beloved luxury brands-Burberry and Gucci. Gucci currently has 29 registeredtrademarks in the EUIPO alone.
What may have been unimaginable years ago has become a genuine concern for trademark owners who care about the virtual world. Yes, you can registertrademarks for virtual goods with the USPTO. How do you trademark in the metaverse? How do you trademark in the metaverse? Need to register a metaverse trademark?
A trademark can be any word, phrase, symbol, design, or a combination of these features that helps differentiate your goods or services from others. By: Tucker Arensberg, P.C.
Toblerone , one of my favourite chocolates, is a great example of protecting a brand with trademark registration. RegisteredTrademark Rights. In Canada, TOBLERONE has been a registered word mark since 1931 , that’s over 90 years of registeredtrademark rights! What is a distinguishing guise?
First, design elements that are “physically or conceptually separate” from the article can be protected. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright. Bottom Line.
In the contemporary music industry, a band’s or artist’s name, logo, and visual identity constitute critical brand assets, demanding the same rigorous protection afforded to their musical compositions. This accrued recognition forms the bedrock of their brand equity. Consider the trajectory of a musical act.
It provides an unmatched degree of design and layout possibilities. Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability.
Case Summaries Philip Morris Brands Sarl vs M/S Rahul Pan Shop & Ors. on 26 November, 2024 (Delhi High Court) The suit was filed seeking relief of permanent injunction restraining the defendants from infringing the trademark and copyright of the plaintiff, passing off their goods as that of the plaintiff.
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 RegisteredTrademark. Creating a brand image for the goods/services in the minds of the public at large. Trademark Search.
The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Protecting brand identifiers is the way to avoid the possibility of consumer confusion as to the source or origin of a brand.
The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registeredtrademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co.
For every successful brand, it is critical to properly protect and to productively develop and use the underlying intellectual property (IP) in that brand to ensure its long-term growth. Trademark and registereddesign portfolio It goes without saying: maintaining a comprehensive trademark portfolio is key.
You should prepare links and screenshots as evidence for your claims of copyright, or trademark, patent, or design right infringement on Alibaba. Trademarks A trademark signifies a unique term, logo, expression, design, or emblem utilized to indicate the origin of goods and services.
I have one branded FIDELO with a carbon-fiber case that claims to block scammers trying to read the chip on my credit card. I think of these generally as “smart wallets” but I learned today that the company Storus has a registeredtrademark for that term. Mosaic Brands, Inc. What should I call them now?
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.
With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services. A Comprehensive Approach to IPRs.
This popular case originated from a long-running legal dispute involving the Petitioner, Lucky Brand Dungarees, Inc. Lucky Brand), and the Respondent, Marcel Fashions Group, Inc. Lucky Brand claimed a defense against Marcel in the most recent case between the two, which it had not fully explored in a previous suit between them.
In particular, Tsingtao alleged that such use of its registeredtrademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. 7) causing harm to other’s exclusive rights to use registeredtrademarks.”. 57 of the Trademark Law.
Rejected Trademark Application? Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Having difficulty trademarking your brand?
A Kat reflecting on emerging branding strategies for plants. Why does the patent use a different name from the registeredtrademark? And what can this tell us about branding strategy for plants? These denominations cannot be registered as trademarks - for example, under Article 7.1(m) Seeing red?
Brands are often targeted by bad actors looking to make a quick profit by stealing intellectual property and exploiting consumers. But we also explain the most effective approach: using AI-fueled and expert-led brand protection solutions to save time and ensure a sustained reduction in infringement across marketplaces.
Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., The biggest challenge that arises when it comes to protecting a limited edition product as a trademark is showing continuous use of the trademark.
The SOS Agreement included a licensing clause allowing the applicants to use the “UTRACON” trademark whose rights were held by the respondents. The Court noted the expiration of the license and the respondents’ registeredtrademark rights. MP High Court restrains reuse of embossed beer bottles by other brands.
Your business has likely collectively spent countless hours and resources to build a strong brand presence on Amazon. However, counterfeiters will continuously undermine these efforts by listing counterfeit products and passing them off under your brand name.
In this blog, we outline the tools you can use to protect your brand reputation and prevent consumer confusion. Trademark infringement Trademarks are distinctive elements like words, logos, phrases, designs, or symbols used to identify the origin of goods and services.
The court recognized Calvin Klein as a globally renowned brand with significant goodwill. The court underscored the need to protect brand integrity and prevent unfair competition, holding that such trademark misuse warranted a strict injunction. revolves around trademark infringement, where the plaintiff, Levi Strauss & Co.,
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content