The IPKat

JULY 20, 2021

We soon learn that "Trademark Law Reform" refers to aspirations to tackle contemporary problems in trade mark law worldwide, whether by means of legislative overhaul or not, put to paper by some of the world's leading experts. Now that piques the interest, and the work of these "scholars at large" does not disappoint.

Trademark Law 96

Trademark Law Law Trademark Registration 96

IP and Legal Filings

FEBRUARY 2, 2024

As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited. In Parul Food Specialities Pvt. DB) [9] AIR 2016 SC 461 [10] MANU/MH/1859/2017 [11] W.P.(C).

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

azrights

NOVEMBER 17, 2021

The law is not there to reduce competition by giving a monopoly right over generic, common category terms and elements to a single brand owner. For example, Pizza Express is trademarked. Obviously, this doesn’t stop anyone else who sells pizza from using the word pizza to describe their offerings or as part of their brand names.

Trademark Law 52

Trademark Law Trademark Law Branding 52

IP and Legal Filings

DECEMBER 17, 2024

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.

Trademark 52

Trademark Branding Branding Brands 52

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. While less common, they reflect evolving brand strategies.

Trademark 52

Trademark Intellectual Property Branding Branding 52

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. In this post, we will explore potential claims raised against advertisements by outlets offering cheaper alternatives to luxury perfumes, often associating their products with the original brand.

Trademark 110

Trademark Advertising Advertising Branding 110

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.

IP 98

IP Intellectual Property Invention Inventor 98

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.

Trademark Law 52

Trademark Law Trademark Law Registration 52

Corsearch

NOVEMBER 15, 2022

In simpler terms, the metaverse doesn’t refer to any one platform or a specific place but is rather used to describe a broad application of emerging technologies. However, we’re already observing complex IP and brand protection challenges, and it’s important businesses plan their strategies carefully. What Exactly Is the Metaverse?

Branding 52

Branding Brands Branding Non-Fungible Tokens 52

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. A great example here is Apple.

Trademark 105

Trademark Registration Branding Branding 105

Copyright Lately

OCTOBER 20, 2024

American accused the website of deceiving customers, selling unauthorized tickets, and tarnishing its brand. While logos can be protected under both copyright and trademark law, it’s rare to see a plaintiff succeed on a copyright claim while failing to establish trademark infringement. It sought $94.4

Copyright 86

Copyright Fair Use Social Media Business 86

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 Branding 105

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 Branding 105

Kashishipr

APRIL 27, 2022

The reason why there has been a sharp increase in moving logos being incorporated as trademarks by many companies is that the contemporary market is now innovating new products with sensory and unique experiences to leave a mark on their customers and develop a distinct and novel reputation. Motion Trademarks in India.

Registration 105

Registration Trademark Branding Branding 105

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.

Branding 52

Branding Brands Branding Trademark 52

IP and Legal Filings

DECEMBER 13, 2024

As such a proprietary right is granted by way of registration of a trademark, whereby the owner of the mark or other parties granted a license to use the brand has the exclusive right to use it for the purpose of making money. Under Sections 47 and 57 of the Trade Marks Act, 1999, Pidilite Industries Ltd. FEVIKWIK, FEVICOL, FEVISTIK).

Trademark 98

Trademark Branding Branding Brands 98

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may.

Trademark 98

Trademark Registering Trademarks Trademark Law Branding 98

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 98

Trademark Social Media Advertising Advertising 98

Kashishipr

MARCH 2, 2022

On the other side, thorough Trademark Protection and effective market permeation can result in ‘genericide,’ which refers to any mark gaining so much prevalence that it becomes a generic reference for all products in the same vein. Let us understand the term better with a few examples.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

The IPKat

SEPTEMBER 15, 2022

Another crucial change is abolishing the national regime of exhaustion of IP rights for certain goods and brands. The list includes such well-known brands as Apple, HP, Panasonic, Siemens, Tesla, and Volkswagen. The list includes such well-known brands as Apple, HP, Panasonic, Siemens, Tesla, and Volkswagen.

IP 133

IP Branding Brands Branding 133

LexBlog IP

MARCH 3, 2023

Safeguard Your Brand: How Choosing the Wrong Trademark Lawyer Can Kill Your Brand @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-6402f22ad89cf2570{display: Trademark law permits others to use your mark if that use qualifies as fair use. important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-6402f22ad89cf2570{display:

Branding 52

Branding Brands Branding Trademark 52

IP and Legal Filings

MAY 13, 2023

Using the name or image of a celebrity for brand advertisement or promotion in the US does not always attract liability, provided the brand is not falsely misleading the public that the celebrity endorses the product. Spelling-Goldberg Prods., where the former takes precedence over publicity rights, while the latter may not.

Personality Rights 105

Personality Rights Privacy Trademark Law False Advertising 105

IP and Legal Filings

MAY 18, 2023

However, the Defendant disputed the Plaintiff’s claim of a monopoly over the hipster tag and design features, arguing that “hipster” referred to a person who carried a hip flask during prohibition – a prior art. To clarify, the law does provide protection against consumer deception through design imitation.

Design 98

Design Designs Art Trademark Law 98

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).

Trademark 118

Trademark Registration Trademark Law Branding 118

Kashishipr

JUNE 4, 2021

Can we Trademark QR Codes? QR codes by themselves are unable to be trademarked since Trademark Law only covers the things that allow the public to identify your goods and services easily, such as names, logos, slogans, sounds, or colors. Judicial Viewpoint.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

IP Tech Blog

NOVEMBER 30, 2022

Thus, Punchbowl ’s true impact on trademark law will likely be delayed until resolution of Jack Daniel’s. Nevertheless, in the meantime, Punchbowl remains the law in the Ninth Circuit, which has one of the highest number of trademark infringement filings, as documented by the US Judiciary. The case is Punchbowl Inc.

Branding 57

Branding Brands Branding Fair Use 57

IP and Legal Filings

SEPTEMBER 19, 2023

Trademark infringement can occur in various forms, including the use of the trademark on competing goods or services, the use of the trademark in advertising or marketing materials, or the sale of counterfeit goods bearing the trademark. Maccoffee first appeared on IPLF.

Trademark 98

Trademark Intellectual Property Registration Registering Trademarks 98

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. This is known as trademark dilution. Blurring Tarnishing 1.Blurring

Trademark 96

Trademark Brands Branding Branding 96

43(B)log

JUNE 24, 2022

Things like THE show TM’s inability to distinguish recognition of a reference from source-indicating significance. Lisa Ramsey: Free expression and competitiveness considerations: large brands/celebrities can teach you to associate a weak mark w/their company can be problematic.

Trademark Law 75

Trademark Law Law Trademark Registration 75

SpicyIP

SEPTEMBER 16, 2024

The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. According to this, the SB found the trademark eligible for protection as it suggested a ‘specific brand of romantic films.’

Registration 104

Registration Television Trademark Trademark Law 104

IP and Legal Filings

AUGUST 4, 2022

Its parent organisation, The All England Lawn Tennis Club (further referred to as “the Club”) has previously trademarked the word ‘Wimbledon’ and also has trademarks has several other signs related to it such as the crossed rackets logo. However trademark for colours have very rarely been given especially in the UK.

Trademark 96

Trademark Branding Branding Brands 96

IP and Legal Filings

MARCH 7, 2022

As a result, the trademark act was adopted in 1999 to grant the owner of the mark exclusive rights to use the mark and prohibit unlicensed individuals from doing so. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 89

Trademark Law Registering Trademarks Branding 89

The IP Law Blog

MARCH 5, 2021

and (2) Does the relevant public understand the designation primarily to refer to that class of goods or services? While a generic term cannot become a trademark, a trademark can become generic. This is commonly referred to as Genericide. If it wasn’t already, it should now be clear the reason behind Peloton’s petition.

Trademark 85

Trademark Branding Branding Brands 85

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 Branding 97

SpicyIP

MARCH 25, 2025

In this case, Tata Trust had two main allegations: first, that the defendant was using the Tata trademark, and second, that his image and name were being misused to hold an event titled THE RATAN TATA NATIONAL ICON AWARD 2024 by a journalist. 2011), which imported the well-known trademark principle to protect well-known names as well.

Personality Rights 58

Personality Rights Trademark Business Trademark Law 58

IP and Legal Filings

MARCH 7, 2022

As a result, the trademark act was adopted in 1999 to grant the owner of the mark exclusive rights to use the mark and prohibit unlicensed individuals from doing so. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 84

Trademark Law Registering Trademarks Branding 84

Kashishipr

AUGUST 18, 2021

These intangible assets are often used in collaboration with other marks by the formation of a trademark portfolio, which consists of marks sharing a few characteristics and belonging to one entity. The Trademark Trial and Appeal Board decided against the opposer since the use of ‘Industry’ did not reflect a secondary meaning.

Trademark 105

Trademark Registration Branding Brands 105