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Note that this field may be subject to changes and developments more than others when it comes to trademark registration strategies. Businesses and brands in the field of cannabis, cannabidiol (CBD), and hemp need to be aware of special considerations when it comes to brand protection. Contact a lawyer to discuss your needs.
February 6, 2025 Erik M Pelton & Associates, PLLC (EMP&A), a leading trademark law firm dedicated to protecting brands, is proud to announce the successful registration of U.S. For more information about Erik M Pelton & Associates and its innovative approach to trademark law, visit www.erikpelton.com.
Registration of a trademark with the USPTO acts like both a smoke detector and a fire extinguisher. The registration works like a detector to help minimize the chances of an infringement situation, and it acts like an extinguisher to help extinguish infringements that arise quicker and easier.
The following is an edited transcript of my video Brand Protection Cheat Sheet. I like to have visual aids when explaining topics, so I came up with the cheat sheet below for new brands to go through the basic steps for trademark protection and for building a bold brand. Apply for registration with the USPTO.
The following is an edited transcript of my video What is a Presentation Copy of a Trademark Registration? One of the recent changes at the USPTO in 2022 was the transition to electronic registration certificates. Check the USPTO website on how to order a certified copy of your registration.
The following is an edited transcript of my video “The 5 Ws of Copyright Registration” The five Ws: Who, What, When, Where, and Why. I want to apply that to copyright registration Who can register a copyright? What is a copyright registration? A copyright registration is a certificate.
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. . So, I wrote Brand Tuned, the new rules of branding, strategy and intellectual property. . The world of branding needs to change.
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. Patience is a virtue. Think it through.
The following is an edited transcript of my video 5 Free Ways to Strengthen Your Brand. Here are five free things that any business can do to strengthen their brand. No matter how long your brand has been around, whether you have a hundred customers or a million customers, you can do these things. You want this consistency.
Carrasquillo’s ‘Reloaded’ IPTV Branding. Carrasquillo operated several IPTV services, variously branded Reboot, Gears TV, Reloaded and Gears Reloaded but with those no longer in operation, he needed to make money in other ways. Trademark Registration No. ” NuStar Tried to Negotiate With Carrasquillo.
Domain names also play an important role in conveying branding and as a result can be worth considerable sums of money. That included those whose names appeared in public WHOIS databases as registrants or owners of domains. Anyone can make a request, via the system, for certain non-public domain registration data.
Louis-Michel enjoys researching Soviet brands The dispute arose when “ Krasny Oktyabr ”, a Russian confectionary company, registered an EU trade mark (EUTM) in Class 30 for a figurative sign representing a lobster. The BoA dismissed Steinhauer Holding’s appeal and refused registration. Trade marks were not product-specific.
These actions did not focus on a specific pirate streaming site but targeted popular pirate brands instead. The Whois information for the seized domains now list the National Intellectual Property Rights Coordination Center ( IPR Center ) as registrant, with Virginia as the registered state.
In this blog we will talk about the process of registration and what type of protection is provided under the designs act. The design created for your brand brings enormous value to the business. However, for the acquisition of the protection, it is mandatory to get your brand registered under the designs act. Website Designs.
Protecting our Trademark Customers with Federal Registration of USPTO Marks. Imagine you are a trademark applicant who receives a notice in the mail from an agency claiming to be the USPTO, with an almost identical logo, informing you that the USPTO will deny or cancel your registration unless you pay a required fee.
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.
Image Sources: Shutterstock] Key Features: Registration of trademark is mandatory for protection against infringement, but not against passing off. It helps in building brand identity, goodwill and consumer trust. Registration is not mandatory, but recommended. Registration of patent is mandatory.
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.
The arbitral award dated February 28, 2025 , underscores the importance of accurate registrantinformation and reinforces that cybersquatting – even passive holding of infringing domains will not go unchecked. Concealment of registrant identity and non-participation in proceedings can work against the domain holder.
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. Trade marks Jocelyn Bosse reported on a recent decision of the Federal Court of Australia concerning the honest concurrent use of a trade mark.
My son and I were talking one day recently about all of the information that’s communicated on the dashboard. The panel also displays your registration status. Hopefully you’re in the green with the ® because you have a registration. Is your registration due for renewal? If so, that’s a big red light.
The following is an edited transcript of my video 25 Benefits of Trademark Registration. It allows the owner to use the ® symbol, which conveys a brand’s status and helps ward off Infringers. You appear in the USPTO database, so when other brands are searching and clearing new names, it helps avoid conflicts.
California-based rightsholder PCR Distributing, which operates under brands including J18 and JAST USA, initiated action against nHentai last summer, describing the site as a significant threat to its business. These spicy Japanese comics are popular worldwide but not everyone is happy with Nhentai or its massive audience.
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.
A portfolio of trademarks entails multiple brand names, logo, slogans, and/or other source indicators protected by a business. Many, or even most, businesses have more than one trademark that could be protected – different brands, or a good slogan or logo.
The following is an edited transcript of my video, Customs and Border Patrol Registration for Your Trademark. And a lot of brand owners don’t realize that it’s not very difficult and not very expensive to register and protect their trademark with US Customs and Border 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. Those are just some that come to mind today.
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.
Further details and registration here. Warhol Registration is now open for the European University Institute (EUI) upcoming conference on the topic " Botticelli v. Further details and registration here. Details and registration here. Details and registration here. EUI Conference on Botticelli v.
But now that they are imminent, the most important thing that brand owners should know is: Filing new applications – or renewals if eligible – in December 2020 will save you money. For details on how to check if your trademark registration is eligible for renewal filing now, see my video here. Post Registration Fees.
This is achieved through a provision under which contracting parties may require applicants to file information on traditional cultural expressions and traditional knowledge relevant to the eligibility for registration of the design. Article 3.2 This is subject to some reservations.
The following is an edited transcript of my book video Building a Bold Brand Chapter 5: Searching for Conflicts. Another brand name could still have superior rights based solely on their use of the name even if they never applied to register the trademark at the USPTO. This is called Common Law Rights.
There’s a lot of information to be gained by searching the records before the application is even submitted. That could be information about possible conflicts, that could be information about goods and services, that can be a whole lot of information that can be gained by searching the USPTO.
Deepak Gupta & Ors Do trade secrets/confidential information need to have economic or commercial value? The Court held that the appellant cannot prevent the first respondent from registering its mark in Class 9 due to the latters honest and concurrent use since 1977 and prior registration in Class 7 in 1986.
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.
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. Board of directors.
The case is between the certifying body of the Port wine (Instituto dos Vinhos do Douro e do Porto) and a Portuguese winery, Vinoquel Vinhos Oscar Quevedo, which sought registration of the Quevedo Port word mark for wine and olive oil. In the latest Tuesday Wonders post, St Atilla informed readers about IP news and events.
Not succumbing to the temptation (which is very easily done in IP law) of producing a huge, information-dense to me, one can see tha t the RPC team have put real thought into the way in which the information is delivered, aiming to provide practical guidance in an accessible way.
The plaintiff argued that the defendant’s products and branding closely resembled its own, intended to mislead consumers and capitalize on New Balance’s established reputation. The CIC held that the information sought was personal in nature and its disclosure was objected to by the relevant third party (IPRS), thus rejecting the appeal.
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.
Gensol EV also created a “ezio” logo for the vehicle design and secured a registration of the word mark EZIO on a proposed to be used basis ( Class 12 ) with the Trade Marks Registry. The defendant had also applied for registration of ZEO and eZEO in Class 12.
Still, when I saw the brand name CLEAR as applied to footwear, I did not expect for the shoes to be transparent. . 557, 563 (1980) (“The government may ban forms of communication more likely to deceive the public than to inform it.”). Hudson Gas & Elec. of New York, 447 U.S. ”).
After completing the registration process, subscribers indeed get access to a movie library. However, behind the scenes, there was plenty going on and a few days ago, affiliates were informed that the “AdCenter” brand had been shut down with immediate effect. Perhaps a new brand will surface soon?
[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. Fashion brands are no strangers to the continuous fight against fake and counterfeit items in the real world.
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