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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.
This week my conversation is with Leo White, who is Chief IP Counsel and Associate General Counsel for The Duracell Company. During our conversation we begin by briefly talking about patent strategy, but then move quickly to brand protection, trademarks, trade dress and effectively working with customs agencies around the world.
New opportunities seemingly point to greater growth, but with it comes diffiernt challenges: how to protect such intellectual properties, especially trademarks. To secure a trademark in different legal jurisdictions is a time-, cost-, and process-draining exercise. Operational Mechanism of the Madrid Protocol 1.
AI and the Global IP System We need a worldwide intellectual property (IP) structure that encourages innovation and invention if we are to benefit from generative AI. The fast uptake of novel technologies such as generative AI necessitates an adaptation of the IP management systems. Impact of AI in different aspects 2.1.
The following is an edited transcript of my video Protecting a Law Firm Brand. Over the years, we’ve had the good fortune to work with all types of businesses, including many law firms, to protect their brands. Law firm brands can be protected just like any other business.
Pelton & Associates (EMP&A) is a boutique firm focusing on intellectual property protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.
The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. In an aesthetic-driven industry, these marks are very important for differentiating one brand from another.
Earlier this month, the ecommerce site Etsy announced that they are launching a new intellectual property portal that they hope will make it easier for brands, creators and other rightsholders to report listings that are infringing on their rights. Users login with their Etsy account and then first register their brand.
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.
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 registered trademark to maximize full benefits of Amazon Brand Registry?
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.
A story came to this Kat's attention at the end of last year , which highlights that developing a good trademark strategy sometimes requires good awareness of plant variety names. After 16 years of research and testing the variety, UGA decided to brand the new turfgrass as SeaBreeze. What went wrong?
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? There are a wide range of companies offering branding services.
They drive down your prices, confuse customers, and can seriously damage a brand’s reputation. With the right legal protections and smart strategies, you can keep control of your brand, protect your pricing, and ensure customers get exactly what they paid for. Your return on investment from vigorous brand enforcement is real.
Nevertheless, the legalization of hemp also provided a path for cannabis companies to one of the most important branding tools in the United States: a federal trademark registration. Regardless of the basis, this development suggests that a previously reliable IP strategy may now be unsettled. percent on a dry weight basis.
With Gen Zs growing influence on global eCommerce, their attitudes toward counterfeiting present both a challenge and an opportunity for brands. In his previous role as Head of Digital IP Enforcement for Tommy Hilfiger , Alastair lead the global strategic operations for brand protection, encompassing both online and offline actions.
INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign
We are pleased to announce that the UK Intellectual Property Office (UK IPO) and International Trademark Association (INTA) are jointly hosting a conference on brand protection strategies on February 24th, 2023 at the Imperial, New Delhi. For further details please read their announcement below.
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.
For IndiGo, the 6E callsign has been an integral element of the official designator and a brand identifier for the past 18 years. Notably, 6E has become a dominant feature and exclusive to the Indigos brand and its associated services. IndiGo has also secured registration for the word mark 6E Link under multiple classes in 2015.
These strategies are reshaping consumer perceptions of counterfeit goods and creating significant challenges for brand owners. This blog explores the threat of counterfeit hauls and livestreams, as first detailed in our Brand Protection: The Social Media Threat eBook.
For pharmaceutical companies, protecting brands and patient safety has never been more important — or more challenging. This blog explores the evolving threat landscape facing pharma brands and how a combination of brand protection technology and end-to-end investigations can effectively mitigate these risks.
Upcycling, a recent fashion trend, poses issues and concerns for brand owners that are similar to counterfeiting but with some added complexity. As a result, upcycled products have prompted brand owners to take legal action to protect their brands and consequently their customers.
Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personality rights, Govt. on 28 October, 2024 (Delhi High Court) The petitioner sought removal of “Plantpowered” trademark from the Trademark register, arguing it to be the same as its “Plant Powered” trademark.
Brand collaborations with celebrities, influencers or other brands are much like marriages, but brand collaborations are even more unlikely to last. Why not plan for the split, whether it be a conscious uncoupling or a Page 6 kind of divorce, with a prenup?
The company Licensing IP International S.a.r.l. is not particularly well known, but over a billion people are familiar with its trademarks. These marks include popular adult entertainment brands including Pornhub, Youporn, Brazzers and Reality Kings, which fall under the umbrella of Aylo, the empire formerly known as MindGeek.
Here is our recap of last weeks top IP developments including summary of the post on the analysis of Cigma Events Private Limited v. Deepak Gupta & Ors and enforcing criminal remedies against IP infringement in India. Enforcing Criminal Remedies Against IP Infringement in India: A Long Road to Justice? Deepak Gupta.
The following is an edited transcript of my video 5 Things I’ve Learned About Trademarks in 2023. I continue to learn new things about the world of trademarks – even after more than two decades in the field. Here are some of the highlights or recent things I’ve learned: The world of trademark continues to grow.
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
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.
Summer is around the corner, which means we are seeking law student(s) for a paid IP/Trademark internship from May/June – July/August 2022. Strong candidates will have coursework or other experience in the field of trademarks and intellectual property. Applications will be accepted through January 24, 2022.
The UAE established an effective legal system to protect both businesses and individual assets, especially those related to intellectual property (IP). This following law seeks to protect a different type of IPRs, such as trademarks, copyrights, and patents. By: Awatif Mohammad Shoqi Advocates & Legal
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 registered design portfolio It goes without saying: maintaining a comprehensive trademark portfolio is key.
Here is our recap of last week’s top IP developments including summary of the posts on the lack of participation by academics in court proceedings, Patent Controller’s order on patent of addition, and Delhi High Court’s decision on latching and passing off. Whither Indian IP Academics’ Engagement with the Judiciary?:
Slogans play a crucial role in branding, serving as memorable and important expressions of a companys identity. In Brazil, slogans are eligible for trademark registration, but their acceptance has historically been limited by strict requirements for distinctiveness and functionality.
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. IP Challenges in the Metaverse.
Introduction Trademark law is mainly governed by two key principles: “first to file” and “first to use.” ” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. trademark law. Banff, Ltd.
This case will undoubtedly impact the ability of third parties to use a brand’strademark in artistic endeavors or the ability of brands to restrict the use of their trademarks by third parties, or both. District Court for the Southern District of New York.
Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. The common denominator is the use of changes to the IP law as a political instrument towards states taking “unfriendly” actions against Russia.
In India, the protection of architectural designs falls under three main categories of the Indian IP regime, namely copyrights, designs and trademarks. This poses a serious challenge for architects to secure IP protections for their designs. Trademarking of a building s design is a significant step in branding and marketing.
INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. 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. are two examples.
& Ors , imposed a staggering 339 crore in damages and costs on Amazon Technologies, Inc (D1) for trademark infringement. Factual Matrix The plaintiffs, Lifestyle Equities, owners of the registered trademark Beverly Hills Polo Club, initiated trademark infringement proceedings against Amazon Technologies, Inc. (D1),
Brands — legally protected as trademarks — have value. Registering brands as federal trademarks also provides significant legal benefits, such as the presumption of ownership, validity, and nationwide priority in the mark. We all understand that intuitively.
INTRODUCTION A distinct scent has immense recall value and the potential to become a powerful identifier of a brand. Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. billion in 2025.
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