IP and Legal Filings

JANUARY 8, 2025

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.

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Trademark Law Trademark Law Intellectual Property 59

IP and Legal Filings

SEPTEMBER 12, 2024

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

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Branding Brands Branding Trademark 98

Erik K Pelton

OCTOBER 8, 2024

The following is an edited transcript of Chapter 15 of my book video Building a Bold Brand: Avoiding Generic Use In the last few years, more and more brands have added a generic product or category name after their brand name on packaging. The first brand to do this extensively was Kleenex®.

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Erik K Pelton

JULY 23, 2024

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.

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IP and Legal Filings

DECEMBER 17, 2024

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.

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Intepat

DECEMBER 4, 2024

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.

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JD Supra Law

AUGUST 16, 2024

Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in connection with the provision of services. By: Seyfarth Shaw LLP

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SpicyIP

JUNE 17, 2022

As reported , Revlon, the iconic cosmetics brand, has filed for bankruptcy. The New-York based cosmetics company reportedly struggled due to competition from other established brands as well as a host of small companies that use social media. Revlon, however, has a more direct connection with India in the trademark sense.

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Trademark Social Media Branding Brands 126

Erik K Pelton

OCTOBER 16, 2023

The following is an edited transcript of our video Trademark Refusal: Genericness. 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.

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Corsearch

MARCH 19, 2025

With Gen Zs growing influence on global eCommerce, their attitudes toward counterfeiting present both a challenge and an opportunity for brands. In his previous role as Head of Digital IP Enforcement for Tommy Hilfiger , Alastair lead the global strategic operations for brand protection, encompassing both online and offline actions.

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Branding Brands Branding Social Media 52

Erik K Pelton

APRIL 5, 2022

As the music world just celebrated the annual Grammy awards, Erik reflects on the fact that many bands, artists, and musicians fail to realize the importance and strength gained by registering and protecting their brands. BONUS CONTENT: listen to Erik’s playlist of well-known songs featuring prominent brand references at: [link].

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Trademark Music Branding Brands 113

SpicyIP

JANUARY 20, 2025

Hasaram And Sons on 13 January, 2025 (Delhi District Court) The plaintiff, a firm selling Ayurvedic medicines, sought a permanent injunction restraining the defendants from infringing their copyright and trademark and passing off of trade dress. The plaintiff used the registered trademark Nayan Jyoti for their most popular product.

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Registering Trademarks Trademark Registration IP 102

IP and Legal Filings

MARCH 10, 2025

The tech giant flashed in the news again in the trademark dispute with Gurugram-based fraudulent call centre company Retnec Private Limited. Background of the case Microsoft is well-known and recognisable brand by their many products and services among masses and have registered trademarks around the globe including India.

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Trademark Intellectual Property Branding Brands 52

Erik K Pelton

SEPTEMBER 15, 2020

The following is an excerpt from my book, Building a Bold Brand. Descriptive: Terms that can be used to refer to a product or. Generic: Words that are commonly used to refer to a good or a. Generic: Words that are commonly used to refer to a good or a. registered trademarks, provided someone has not already registered a.

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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. This is the usual manifestation of a trade mark, when registered in India. 1 (01), Dec 2020, pp. January 18, 2023.

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SpicyIP

AUGUST 31, 2023

If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone. Image from here Smells like Luxury, Does it cost a Trademark Battle? Taking a step back, trademark infringement under Section 29(2)(b) of the Act requires proving the following: 1.

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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.

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Trademark Registering Trademarks Branding Brands 105

IP and Legal Filings

NOVEMBER 11, 2021

Generic Trademarks: An Introduction. 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. Primarily, trademarks perform four functions. Firstly, trademarks help distinguish one product from another in the market.

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Trademark Cease and Desist Branding Brands 98

Kashishipr

SEPTEMBER 22, 2021

A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization. What is Trademark Licensing? Exclusive License.

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Licensing Trademark Branding Brands 105

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.

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IP and Legal Filings

JULY 9, 2024

INTRODUCTION A trademark can be registered for the purpose of securing diverse graphic and non-graphic unique symbols and indicia to distinguish the products or services of a trader from that of others. This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand.

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Trademark Registration Branding Brands 98

IP and Legal Filings

DECEMBER 13, 2024

The Trade Marks Act, 1999 governs the use of trademarks in India. It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks. That, whether the respondent exploit the unfair advantage of the petitioner brands goodwill in the trademark application?

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Olartemoure Blog

FEBRUARY 10, 2024

The National Football League (NFL) , organizers of the event, have created and grown the brand of the Super Bowl to what it is today. THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”. Since then, it has made a conscious effort to enforce this trademark. In 1969, the NFL trademarked “Super Bowl”.

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Cease and Desist Trademark Advertising Advertising 105

Kashishipr

APRIL 27, 2022

With the increase in globalization and cross-border trade, intriguing types of trademarks are trending and have become a crucial tool to signify a company’s identity. Motion Trademarks in India. The most critical aspect that may be subject to the Trademark Protection of a motion mark is the succession of images in the said mark.

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Registration Trademark Branding Brands 105

Trademark and Copyright Law Blog

OCTOBER 26, 2023

Those activities are all well and good – and I fully appreciate that “ bobbing for apples ” wasn’t listed because, let’s be honest, that’s really gross – but as we’re the Trademark & Copyright Law blog, allow me to focus on something a bit closer to home: apple trademarks. But let’s talk trademarks.

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Branding Brands Branding Trademark 72

Kashishipr

MAY 4, 2022

Trademarks provide multiple crucial advantages to businesses and customers alike. 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.

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Social Media Trademark Cease and Desist Registering Trademarks 105

Erik K Pelton

JULY 31, 2020

Understanding the Notice of Allowance, and what it means, is important for trademark applicants who file an “intent to use” application. It could sometimes include a business card if it references the service. The post My trademark application received a ‘Notice of Allowance’ – now what?

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Trademark Advertising Advertising Editing 130

IIPRD

MARCH 13, 2025

With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? Intellectual Property refers to any intangible asset or property originated from the human intellect. Trademarks are governed by the Trade Marks Act, 1999 in India.

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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. Generic Trademark.

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Trademark Registration Branding Brands 105

Erik K Pelton

AUGUST 10, 2020

Over the years I’ve worked on thousands of trademark applications. First, I’ve reviewed thousands of trademark applications as an examine,r and now in private practice since 1999, I have filed many thousands of trademark applications for clients. I often refer to it as a long and winding road.

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IPilogue

FEBRUARY 14, 2022

Consumers are more willing to try out new things if they are assured that the new product is comparable or superior to those made by well-known brands. In 2019, Quebec wine producer Société de Vin Internationale Ltée (“SVI”) faced a copyright and trademark infringement claim raised by its competitor, Constellation Brands U.S.

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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. Can you Trademark the Name of a Marijuana Strain?

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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.

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Copying Branding Brands Branding 59

SpicyIP

AUGUST 2, 2024

Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? Moment marketing” refers to a strategy where brands can take advantage of ongoing events to gain relevance, and especially for some of the sheen of patriotic athletic victories to wear off on them.

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Branding Brands Branding Personality Rights 105

IIPRD

JANUARY 7, 2025

” On the other hand, other AI applications are limited to assisting in the generation of designs, which are referred to as AI-assisted designs, which are a type of computer-aided design. [13] AI AND TRADEMARK Trademarks give brand owners exclusive rights by identifying the source of goods or services.

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IP Intellectual Property Invention Inventor 98

SpicyIP

OCTOBER 14, 2024

The plaintiff claimed to have used the trademark “POLO” since 1967. The defendants were using the trademarks “POLO,” “POLO BY RALPH LAUREN,” and a device of a polo player for their footwear products, which closely resembled the plaintiff’s marks. Mrs Arti Gupta & Anr.

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IP and Legal Filings

MARCH 28, 2023

Introduction The term “trademark dilution” refers to the unauthorised use of, and/or application for, a trademark that is likely to damage an established mark’s distinctiveness. Additional sorts include trademark dilution and free riding in the EU. This is known as trademark dilution.

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