Selvam & Selvam Blog

APRIL 1, 2025

The arbitral award dated February 28, 2025 , underscores the importance of accurate registrant information and reinforces that cybersquatting – even passive holding of infringing domains will not go unchecked. The Arbitrator referred to similar decisions under WIPO and INDRP that considered such conduct as evidence of bad faith.

Registration 52

Registration Registering Trademarks Brands Branding 52

IP and Legal Filings

SEPTEMBER 12, 2024

Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.

Branding 98

Branding Branding Brands Trademark 98

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

SpicyIP

JANUARY 20, 2025

Paragon Polymer Products Private … vs Sumar Chand Nahar on 7 January, 2025 (Madras High Court) Image from here In an appeal against the Trade Mark Registrys order, the Appellant, a footwear company using the mark Paragon since 1975, opposed the registration of the same word by the respondent for electric motor starters under Class 9.

Registering Trademarks 102

Registering Trademarks Trademark Registration IP 102

The TTABlog

JULY 6, 2021

Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products. Section 14(3) cases are as rare as a White Sox fan in Boston. 2021 U.S.P.Q.2d

Registration 98

Registration Marketing Marketing Brands 98

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 Brands Branding Branding 52

IP and Legal Filings

JANUARY 8, 2025

The Trademarks Act, 1999, gives trademark protection to the identity of brands. An Insight into the Nexus between Customs and Trademark Laws Trademark laws protect the identity of brands through exclusive rights granted to the owners of registrations. Information about an individual suspected of counterfeiting or trading routes.

Trademark 59

Trademark Law Trademark Law Intellectual Property 59

The TTABlog

JUNE 10, 2024

In an attempt to side-step a Section 2(d) refusal of the mark shown below, for "gin," Petitioner Iron Balls International petitioned to restrict Respondent Bull Creek's registration for the mark IRON BALLS for "beer" to "“micro-brewed craft beer." See Embarcadero Techs., RStudio, Inc. 2013 WL 2365029, at *2 (TTAB 2013). Issue Preclusion?:

Registration 99

Registration Litigation Branding Brands 99

Kashishipr

SEPTEMBER 20, 2021

According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. The argument that copyright protection and trademark registration were two different things and lacked connection and that an individual or entity couldn’t own both was wholly incorrect.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

Intepat

DECEMBER 4, 2024

However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. However, unconventional trademarks challenge traditional concepts of visual representation, leading to significant complexities in their registration, protection, and enforcement. A landmark case was the U.S.

Trademark 52

Trademark Intellectual Property Brands Branding 52

IP and Legal Filings

NOVEMBER 27, 2024

Introduction In the most normal of instances, a trade mark is registered either in the form of a word mark i.e. the name of the product/brand or as a device mark i.e. the logo of the product/brand. However, in some rare instances there are some other peculiar forms of trade mark registrations as well.

Trademark 52

Trademark Registration Branding Brands 52

The IPKat

SEPTEMBER 12, 2022

From time to time, this Kat receives queries from clients in relation to the registrability of slogans as trade marks. The invitation conveyed could also refer to a variety of five different types or flavours sold in one pack. Recap: Are slogans treated differently than other types of marks?

Registration 116

Registration Advertising Advertising Reporting 116

The IPKat

MAY 12, 2024

The wine brand had been around since the nineteenth century but changed ownership a few times. Duca di Salaparuta appealed, arguing that when pre-existing national GI registrations were converted into EU unitary registrations, they were fully subject to the validity requirements of the 2008 Regulation on wines. Article 14.3

Registration 69

Registration Brands Branding Branding 69

Intepat

MARCH 25, 2025

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.

Copying 59

Copying Brands Branding Branding 59

Erik K Pelton

OCTOBER 16, 2023

Once you apply for a trademark at the USPTO, there are numerous grounds on which your mark can be refused registration, one of which is a claim that your mark is generic. Generic words typically refer specifically to a particular good or service, or a class of goods or services.

Trademark 130

Trademark Editing Registration Brands 130

IP and Legal Filings

JULY 9, 2024

This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand. These brand names, slogans, and taglines can be considered as some of the content that can be used on the different platforms. Image Sources: Shutterstock] 7.

Trademark 98

Trademark Registration Brands Branding 98

The IPKat

OCTOBER 29, 2024

Formerly published as Sykes: Intellectual Property in Designs, this is a substantially revised and updated new edition which aims to provide a comprehensive but practical reference source for the various IP rights protecting designs, with a focus on the United Kingdom.

Editing 69

Editing Designs Design Law 69

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 Brands Branding 97

IP and Legal Filings

DECEMBER 13, 2024

It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks. The petitioner, who owns strong trademarks like FEVIKWIK and FEVICOL, argued that the respondent’s mark is confusingly similar to theirs, thus their brand identity could be potentially diluted.

Trademark 98

Trademark Brands Branding Branding 98

IPilogue

AUGUST 30, 2021

The USPTO’s Trademark Trial and Appeal Boards both denied the registration, underscoring that consumers will perceive “Booking.com” as overly generic. Generic words are not eligible for federal trademark registration. Stronger trademark protection enhances Booking.com’s brand image and goodwill.

Registration 105

Registration Trademark Journalism Intellectual Property 105

The IPKat

FEBRUARY 11, 2025

Background In 2015, an individual person filed for registration of German word mark GTA. To that effect, he referred to the General Courts judgment in case T-63/09 , where a likelihood of confusion between GTI and SWIFT GTi was rejected, largely because the term GTI was deemed to be descriptive.

Patent 64

Patent Designs Design Brands 64

Kashishipr

MAY 4, 2022

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.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. It recognizes the corporate identity of the brand. To sell the product, using the brand name makes it a trademark. Acquiring Secondary Meaning.

Trademark 105

Trademark Registration Brands Branding 105

Kashishipr

DECEMBER 21, 2021

Today, we as consumers can easily identify the products of popular brands due to the positioning of some specific elements on the products, for instance, the three stripes of Adidas, Louboutin’s red sole shoes, or the red label on the back pocket of Levi’s jeans. Requirements for Registration of a Position Trademark.

Intellectual Property 105

Intellectual Property Registration Trademark Brands 105

Erik K Pelton

JULY 5, 2022

At the urging of some colleagues of mine, the USPTO recognized that registering their names–like businesses, of course, should do as well–would give them tools to battle copycats and scammers who trade off of the USPTO’s brand. So that is good news. Now, I would like to see them do a lot more. Let me know what you think.

Trademark 211

Trademark Intellectual Property Law Intellectual Property Government 211

The IPKat

DECEMBER 9, 2021

Katfriend Federica Combariati (TM IP Counsel at Assa Abloy) discusses a recent decision relating to AC Milan’s attempt to extend its international trade mark registration for its club logo to the territory of the European Union. InterES… (Yet nothing to do with Inter Milan FC … at least this time!)

Brands 94

Brands Branding Branding Registration 94

Corsearch

FEBRUARY 28, 2024

Read on to learn about: The difference between patents and industrial designs Recent industrial designs registration trends How you can swiftly search for industrial designs with Corsearch What are industrial designs? These and other questions are relevant in assessing registrability potential for patents.

Registration 59

Registration Designs Design Intellectual Property 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 Brands Branding 105

Kashishipr

APRIL 13, 2022

The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto social media handles. NFTs may refer to the digital goods or specific pieces sold in the Metaverse.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Brands 116

SpicyIP

JANUARY 26, 2025

Lokesh Vyas dwells on these questions in his post in the aftermath of SRAIs registration! He argued that he had obtained proper business licenses and trademark registrations and that there were significant differences in their product logos. Is a Script a Dramatic or a Literary work? Broad Peak Investment Holdings Ltd.

Trademark 59

Trademark Art Registration Business 59

Corsearch

SEPTEMBER 28, 2023

Within the realm of trademark infringement, counterfeiting emerges as a specific violation, wherein individuals or enterprises replicate registered trademarks verbatim to deceive customers, masquerading these imitations as genuine products from your brand. Once you’ve uploaded your documents, you can submit IP registrations for verification.

Branding 59

Branding Branding Brands Intellectual Property 59

Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Law on Color Trademarks in India.

Trademark Law 105

Trademark Law Trademark Law Brands 105

The IPKat

JULY 13, 2022

There are brands that, after a successful run, fall into oblivion. From an IP perspective, it might be the case that – together with the oblivion these brands fall into – the related trade mark registrations lapse too. NEHERA’ was in fact a well-known fashion brand that Jan Nehera found in Czechoslovakia in the 1930s.

Branding 64

Branding Branding Brands Registration 64

SpicyIP

JULY 14, 2021

Olfactory marketing is not only employed by restaurants for their food, but is also often utilized in supplementing branding because just like a logo, it helps the consumer identify the experience associated with a service or product. Issues and Barriers to the Registrability of Smell-marks.

Trademark 126

Trademark Registration Marketing Marketing 126

Corsearch

FEBRUARY 29, 2024

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.

Branding 59

Branding Branding Brands Intellectual Property 59

Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Escalator, Trampoline, and Aspirin – Do you know what all these brands have in common? Let us understand the term better with a few examples.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

SpicyIP

DECEMBER 9, 2024

Case Summaries Philip Morris Brands Sarl vs M/S Rahul Pan Shop & Ors. The Court also made a reference to the reply by the Controller of Patents which reiterated the same stance. The Court allowed the petition and ordered the removal of the trademark registration from the Register of TradeMarks. Ganesh Grains Ltd.

Trademark 59

Trademark Registering Trademarks Brands Branding 59