43(B)log

DECEMBER 11, 2024

Ghost Adventures owns incontestable trademark registrations for both the name Lizzie Borden for hotel and restaurant services and for a realistic hatchet logo displaying a notched blade (a reference to the implement that allegedly killed Bordens parents).

Registration 94

Registration Business Trademark Marketing 94

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.

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Registration Trademark Trademark Law Law 97

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

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Registration Marketing Marketing Branding 98

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?:

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Registration Litigation Brands Branding 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

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?

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Registration Advertising Advertising Reporting 113

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.

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Trademark Editing Registration Branding 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 Branding Brands 98

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

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Registration Branding Brands Branding 67

IP and Legal Filings

NOVEMBER 12, 2024

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. That should represent your brand and not explain it.

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Trademark Branding Brands Branding 96

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 Branding Brands 97

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.

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Registration Design Designs 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 Branding Brands 105

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

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.

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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 Branding Brands 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 Branding 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!)

Branding 94

Branding Brands Branding Registration 94

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 Brands Branding Intellectual Property 59

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 Branding 116

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 Branding 105

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 Brands Branding Intellectual Property 59

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.

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Trademark Registration Marketing Marketing 126

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.

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Registering Trademarks Trademark Registration Trademark Law 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 62

Branding Brands Branding Registration 62

Garrigues Blog

NOVEMBER 15, 2021

Fashion brands follow trends in society and growing awareness in favor of diversity is no different. 27 as “that moment of intensity when you open the cardboard box and smell your recently bought, latest brand sneakers. The nose behind the essence, perfumer Xavier Dufourcq – Chappaz defines his fragrance no.

Intellectual Property 116

Intellectual Property IP Trademark Branding 116

IP and Legal Filings

JANUARY 27, 2023

In India, Section 47 [iii] of the Trademarks Act defines two situations under which a registered trademark may be revoked: If it can be shown that the trademark was registered without a bona fide purpose to use it, the registration will be invalidated. This is also known as the removal of a trademark from the registry for lack of usage.

Trademark 97

Trademark Registering Trademarks Registration Intellectual Property 97

azrights

JUNE 15, 2022

Match Group successfully challenged the Muslim dating app, Muzmatch’s, trade mark registrations in the EU and the U.K. And in the latest development of the dispute the High Court ruled that Muzmatch has unfairly benefited from Match Group’s reputation and investment in its brand and was riding on Match Group’s coattails for undeserved gain.

Business 93

Business Branding Brands Branding 93

SpicyIP

APRIL 4, 2022

The case decided by a single-judge bench, concerned an allegation of infringement of trademark, disparagement, dilution and tarnishment, damage to reputation, and tarnishment of brand equity filed by Hamdard National Foundation (Hamdard) against Sadar Laboratories (Sadar Labs). Merely having a similar suffix does not constitute infringement.

Trademark 119

Trademark Registration Trademark Law Branding 119

IP and Legal Filings

NOVEMBER 1, 2023

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

Trademark 105

Trademark Registering Trademarks Branding Brands 105

IP and Legal Filings

NOVEMBER 11, 2021

A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Moreover, trademarks also add to the brand value of a particular product or service. Generic Trademarks: An Introduction. Primarily, trademarks perform four functions.

Trademark 98

Trademark Cease and Desist Branding Brands 98

Kashishipr

NOVEMBER 3, 2021

Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner. Sadly, targets of genericization are often successful brands whose goods were or are market leaders in their sector. Another way is to use the brand as an adjective with the generic term. .’

Trademark 105

Trademark Branding Brands Branding 105

IP and Legal Filings

OCTOBER 30, 2023

Conceived by Ruth Handler and named after her own daughter, Barbie has, from its inception, been a driving force behind Mattel’s successful branding efforts, resulting in the sale of over a billion Barbie dolls and the expansion of the franchise into various media, including video games, merchandise, and a live-action movie.

Trademark 98

Trademark Branding Brands Branding 98

The IP Law Blog

MARCH 5, 2021

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. and (2) Does the relevant public understand the designation primarily to refer to that class of goods or services?

Trademark 85

Trademark Branding Brands Branding 85

Kashishipr

AUGUST 18, 2021

In the Bainbridge judgment (2006), the court, in reference to a family of marks, said that “they reproduce in full the same distinctive element with the addition of an element, graphic, or word, which differentiates them from each other or when characterized by the repetition of a single prefix or suffix taken from an original mark.”

Trademark 105

Trademark Registration Branding Brands 105

IP and Legal Filings

SEPTEMBER 14, 2023

This has led to consumers opting for brands that pledge their duty to contributing towards environmental protection by means of minimalism and sustainability. In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”.

Branding 97

Branding Brands Branding Trademark 97