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
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.
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.
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.
Building a brand is no small task. While many businesses go through the process of trademark registration , not every brand needs to take that route right away. Enter common law trademarks a practical way to secure certain rights to your brand from the moment you start using it, without the registration process or fees.
While these can be negative situations by the platforms themselves, a more serious issue occurs when third parties steal your market share and affect your revenue. They drive down your prices, confuse customers, and can seriously damage a brand’s reputation. Your return on investment from vigorous brand enforcement is real.
Mahindra, Tanishka Goswami analyzes the Court’s findings on the importance of house marks in infringement assessment, and the nature of the relevant market. What followed was the plaintiff seeking a permanent injunction, restraining the defendant from infringing and passing off its trademark. Her previous posts can be found here.
The following is a transcript of my video Bold Brands Are Like Bees to Pollinate Marketing. So, how does all of this relate to trademarks and brands, you might be asking? Because bold brands stand out and they resonate and they communicate with consumers. Well, we’ve now reached that point of the episode.
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.
The following is a transcript of my video Amazon Brand Registry Update for Trademark Owners. For those of you who sell online, you’ve probably heard of the Amazon Brand Registry. We have worked with many, many clients who have participated in the Amazon Brand Registry or otherwise sellers on Amazon.
To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Trademark and Halloween Costumes. The other major part of the question is trademark. Trademark infringement, however, isn’t like copyright. Copyright and Halloween Costumes.
The following is an edited transcript of my video How to Water Your Brand for Growth. I talk about my lack of green thumb, because it relates to so much of my branding, where I use sunflowers and plantings as metaphors, and I use the tagline, Making Trademarks Bloom Since 1999. Those five things are: Solid trademark protection.
The following is an edited transcript of my book video Building a Bold Brand Chapter 3: Bold Brands are Everywhere. Bold brands, great trademarks, memorable logos, and witty slogans are all around us. Searching for a new brand name is difficult, but the extra effort and perseverance is absolutely worthwhile.
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.
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.
. (“Plaintiffs”) have filed a lawsuit against Atlas Mover Group LLC (“AMG”) and United Best Moving LLC (“UBM”) (“Defendants”) for trademark infringement and unfair competition. Over the years, Atlas has built a reputation for high-quality service and earned substantial goodwill in its marks.
Now, WWE has filed twelve new trademark applications, reinforcing that intellectual property is just as vital to its business model as the action inside the ring. Osiris Griffin feels like an ancient warrioror maybe a sneaker brand. sounds like a name with real marketing potential.
The following is an edited transcript of my video, Why Suggestive Trademarks and Brand Names Are My Favorite. I get asked all the time about what type of brand names I prefer. The answer for me is easy: for commercial, marketing, and legal purposes, I strongly suggest that clients choose suggestive brand names.
Are you investing in the stock market or other investment vehicles? Erik strongly believes that investing in your brand protection can yield significant benefits and results. Listen as he explains how investments in trademark protection pay large dividends over time.
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
The following is an edited transcript of my video, Invest in Your Brand Protection and Watch it Grow. I’m going to spare you the disclaimers here, but I want to talk about how investing in brand protection can be just like a successful investment in the stock market or a savings account over time.
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? So, I wrote Brand Tuned, the new rules of branding, strategy and intellectual property.
In this video, Blockchain attorney Enrico Schaefer identifies key legal issues every brand, marketing agency, or project point person needs to be thinking about before launching an NFT project for a company. Are major brands are dropping NFTs? What big brand names are dropping NFTs? You are a brand interested in NFTs.
London, UK A fizzing legal battle is brewing in the Intellectual Property world as Thatcher Cider, a renowned British cider brand, locks horns with supermarket giant Aldi over an alleged Trade Mark infringement. However, the High Court ruled in Aldis favour.
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. A landmark case was the U.S. registration of NBC’s chimes.
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.
There are three things that I believe set Building a Bold Brand: The foundations of trademark protection apart from any other book that’s been written on the topic of trademarks and branding. It’s a perspective from a lawyer, for businesses, and about marketing. Amazon: Building a Bold Brand by Erik M.
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. Company Claims Ownership of ‘Reloaded’ Trademark.
Latin America is no exception to this trend but unlike other regions, one pirate streaming brand clearly stands out, MagisTV. While some of these might be related, the name is also used by unrelated entities, simply because the brand has become synonymous for pirate IPTV. Patent and Trademark Office. This includes magistv.la
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.
But I do know that over time, the stock market almost always goes up. A savings account will grow over time as well – with compound interest – and brand protection works much the same way: invest in good trademark protection early on in a brand, and over time watch it grow and grow. Time grows savings.
The following is an edited transcript of my video The Golden Ratio of Trademark Protection. We love sunflowers at Erik M Pelton & Associates as a symbol of growth and renewal, and tie that into trademark and brand protection. We can apply it to trademark protection as well.
The following is an edited transcript of my video When Two Identical Brand Names Coexist People often have the mistaken impression that a trademark has to be completely unique in the universe. What they do with exercise and bicycles has nothing to do with what I do for legal services and trademarks.
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.
Protecting your trademark now to potentially block, stop, or avoid future infringement is extremely valuable. A trademark registration is an important tool in seeking to enforce rights against someone cybersquatting on a domain name (a Uniform Domain- Name Dispute-Resolution Policy (UDRP) domain name complaint).
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.
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.
The following is an edited transcript of my video, The Trademark Protection Decathlon. The Summer Olympics got me thinking about what it would take for a decathlon of trademark protection: to be well-rounded and ensure that a brand, a trademark, has covered all the angles and excels at everything. Choose a creative name.
Far and away, the worst marketing mistake I ever made was paying money – several thousand dollars – to be on Forbes radio on airplanes more than a decade ago. was the worst marketing mistake I’ve ever made. was the worst marketing mistake I’ve ever made. The interview is good. Pelton - SkyRadio Interview.
The following is an edited transcript of my book video Building a Bold Brand Chapter 4: Spectrum of Marks. You’ve sent several to your trademark attorney for consideration and you’re ready to make a final decision. Some brands and trademarks are entitled to greater protection than others.
While they may appear harmless, a troubling issue has come to the forefront, one that raises complex legal and ethical questions – the unauthorized use of famous trademarks on these cannabis edibles. When Haribo’s branding is replicated on cannabis-infused gummies, it violates trademark rights and raises serious safety concerns.
SpicyIP Tidbit: Delhi High Court Directs to Auction “Fortis” Trademark in the Daiichi-Ranbaxy Dispute Image from here DHC allows auctioning of “Fortis” TM to realize the decreed amount in the Daiichi-Ranbaxy dispute. for using deceptively similar trademarks, “HOSPIGRIP” and “HOSPICUFF,” on medical devices.
These disputes revolve around issues of copyright infringement, trademark violations, and ownership of digital assets, presenting novel challenges to intellectual property (IP) law. The Intersection of Fashion and NFTs The fashion industrys adoption of NFTs has transformed how brands and creators interact with consumers.
On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products. The trademark depicts the shape of the Chanel No. So the Court considered that Chanel’s perfume bottle is commonplace within the perfume market.
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