IPilogue

OCTOBER 21, 2022

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear). Unfortunately for Gucci, its claim was not successful.

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Intepat

DECEMBER 4, 2024

As intellectual property laws evolve, accommodating unconventional trademarks becomes pivotal, highlighting their growing commercial and legal significance in a highly competitive and creative global economy. The concept of unconventional trademarks has a relatively short history. Pawan Kumar case. For example, in the Cadbury v.

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The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. Is anything here on the list?

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Patently-O

JUNE 29, 2022

A case like this begins with the territorial doctrine of trademark law: Under the territoriality doctrine, a trademark is recognized as having a separate existence in each sovereign territory in which it is registered or legally recognized as a mark. law that trademark rights in the US require that the mark be used in the US.

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IP and Legal Filings

SEPTEMBER 16, 2021

This may include creating products with certain distinct features, such as a particular smell or a sound that is exclusive to the product and the brand. Thus, several companies have attempted to manufacture products implanted with a particular smell that is exclusive to the brand. Smell marks and Indian trademark laws.

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Intepat

MARCH 13, 2025

The integration of IoT-enabled designs and smart technologies adds another layer of complexity as the same would fall in the domain of patent law. The main objective of doing so was to preserve the hotels brand value and prevent the unauthorised usage of the buildings iconic design for commercial purposes.

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azrights

OCTOBER 18, 2021

Let’s begin by considering the terminology as it’s all too common when it comes to brands to find people have different meanings in mind. I’ll then explain the role of trademarks and why and how to be strategic with them. The Meaning of Brand. But brands have a third dimension or a third purpose. They save us time.

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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.

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IP and Legal Filings

SEPTEMBER 17, 2021

With the introduction of technologies such as 3D printing or laser printing, patent laws have entered the fashion industry. Trademark laws play a prominent role in the fashion industry by legally protecting the logos of apparel manufacturers and fashion conglomerates. Patents and the fashion industry.

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Patently-O

JULY 19, 2023

have long been a mix of state common law rights and federal statutory rights. Patents and copyrights were established in the Constitution and enacted by the First Congress in 1790. With trademark law, the federal right has been around since 1870 and today occupies most of the space. What do you think?

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LexBlog IP

JANUARY 14, 2022

Navigating Brand Protection and Trademarks for Social Media Influencers. Building a brand or business as an influencer on social media is not easy. Not only are you tasked with building a successful, recognizable brand, you’re building yourself as the brand. Making a brand out of a social media business.

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43(B)log

JUNE 24, 2022

Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Traffix may work to shove a bunch of subject matter into patent.

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IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. Last December , Cookie Department accused Hershey-owned company One Brands LLC of copying one of their trademarks in a California federal court lawsuit.

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Kashishipr

AUGUST 25, 2021

Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., Protection for Limited Edition Products under Trademark Law. and enthusiasts do not spare even a moment to get their hands on these products.

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The IPKat

MAY 11, 2024

A Kat reflecting on emerging branding strategies for plants. obtained a US plant patent ( No. You wouldn't know it from the recent press releases, but the patent specification indicates that the name of the variety is actually ‘Vintage Ruby’. Why does the patent use a different name from the registered trademark?

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Erik K Pelton

OCTOBER 29, 2021

”, you may get more than one answer, because there is a lot of gray area in trademark law and a lot of gray area in what makes up a likelihood of confusion. Party A is telling party B to stop doing something with their trademark or stop using it because they believe it is creating a likelihood of confusion.

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Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

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SpicyIP

NOVEMBER 18, 2024

Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark Reportedly, Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of it’s workers. MP High Court restrains reuse of embossed beer bottles by other brands.

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Kashishipr

AUGUST 4, 2021

The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology. Can Cryptocurrencies be Protected under the Trademark Law?

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The IP Law Blog

SEPTEMBER 9, 2021

Global fashion brand Nine West recently filed a Notice of Opposition with the Trademark Trial and Appeal Board contesting the registration of the mark “Nina West” by a company owned by Andrew Levitt, drag name Nina West. May the best brand win! ABG filed the Notice of Opposition on Nine West’s behalf.

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SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Anything we are missing out on?

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Kashishipr

AUGUST 18, 2021

The Trademark Trial and Appeal Board decided against the opposer since the use of ‘Industry’ did not reflect a secondary meaning. It was submitted that 74 third-party registrations were existent, and the consumers did not associate with the brand as a household name. Popular Examples of Family of Trademarks. .’

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IP and Legal Filings

OCTOBER 26, 2023

Off late these instances of trademark bullying has been a concern and persistent problem in many countries with large entities targeting the small enterprises just for the sake of business gains. This is generally done by giant corporations and brand names to survive the competition and swallow the small businesses for gains.

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The IPKat

NOVEMBER 4, 2021

In chapter 3, Intellectual Property Primary and Secondary Rights in International Law: The Case of Mexican Pharmaceutical Patents and the USMCA , Roberto Garza Barbosa illustrates the primary right and secondary right distinction in the context of pharmaceutical patents in Mexico. The first (chapter 7), by Dan L.

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Traverse Legal Blog

FEBRUARY 24, 2025

Reasons Why Nonprofit Trademarks Are Essential in 2025 Nonprofit trademarks are essential because they safeguard a group’s unique brand, build public awareness, boost donor confidence, and provide legal protection against brand theft, all contributing to the organization’s stability and fundraising success.

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Kashishipr

JANUARY 12, 2022

Often, hashtags help businesses reach out to their target audience and connect with them, which may further help them attain and achieve goodwill and raise awareness about their brand. Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection.

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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?

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Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Design Patent Infringement vs. Trademark Infringement The standards for proving design patent infringement and trademark infringement differ significantly regarding the relevance of consumer confusion about product source.

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The TTABlog

JUNE 24, 2024

Despite all the hoopla about the Supreme Court's rulings in Tam , Brunetti , and Elster , how much do those rulings affect the everyday practice of trademark law? One could argue that Amazon and its Brand Registry have had much more of an impact.As Available here Abstract Amazon's dominance as a platform is widely documented.

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Intepat

OCTOBER 6, 2024

One of the most controversial topics is the patentability of an idea , as it creates confusion between the understanding of an idea and an invention. Therefore, it’s the invention that could get patented and not the idea. As aforementioned, an idea is the start of an innovation, but the idea alone cannot be patented.

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Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

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The IPKat

JANUARY 27, 2022

The trademark depicts the shape of the Chanel No. The international registration of the given trademark is valid as of 1980; the Lithuanian designation was made in early 2014. The application had been rejected by the Patent Bureau, and by three instances of the Lithuanian courts. In terms of trademark law, yes.

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Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. Celebrity trademark messes.

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LexBlog IP

OCTOBER 3, 2023

Trade Dress for Board Games Examples of Board Game Trade Dress Most savvy entrepreneurs know to apply for trademarks on their product names, company names, logos, and slogans. Of those, inventors who make board games often go straight to patent filings and forget about the trademark analysis. OR- How about this car.

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LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. Learn more about Trademark law for board games and Trade Dress protection.

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IP and Legal Filings

JUNE 12, 2023

To do this, food firms invest a lot of money in developing and promoting distinctive brands and are increasingly turning to intellectual property (IP) protection as a means of establishing or maintaining their leadership in the industry. Patents Utility patents are one class of patents that are relevant to the food sector.

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Traverse Legal Blog

NOVEMBER 17, 2024

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration. The purpose of trademark availability assessment is really threefold.

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