Erik K Pelton

SEPTEMBER 17, 2024

The following is an edited transcript of Chapter 12 of my book video Building a Bold Brand: Using and Choosing Trademark Counsel I get asked all the time, “Can I file a trademark application by myself?” How do you keep abreast of developments in the field of trademark law? How many trademarks have you registered?

Trademark 130

Trademark Registering Trademarks Editing Trademark Law 130

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

JD Supra Law

AUGUST 31, 2023

In our previous article, Protecting Your Brand: A Primer on Canadian Trademarks, we touched upon the beginning stages of a trademark application and considerations such as, "Should I register my trademark?" and "Is the trademark available?" By: Miller Canfield

Trademark Law 75

Trademark Law Trademark Registering Trademarks Branding 75

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 Tech Blog

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. 57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.”.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

SpicyIP

MARCH 14, 2025

In response, the Pune eatery contended that there neither existed any similarity between both parties trademarks, nor did Burger King US provide its services under the contested trademark before 1992. As highlighted by Burger King US, it has registered its trademark Burger King in several jurisdictions including India over the years.

Trademark 64

Trademark Registering Trademarks Registration Brands 64

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 Brands 98

IIPRD

JANUARY 7, 2025

AI AND TRADEMARK Trademarks give brand owners exclusive rights by identifying the source of goods or services. The likelihood of trademark infringement rises with the increasing prevalence of AI-generated material. Now, all it takes to replicate the diligent effort of a trademark owner is a few AI commands.

IP 98

IP Intellectual Property Invention Inventor 98

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 Brands Branding 52

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

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. According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. Defendant’s Response. Concluding Remarks.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

The IPKat

MAY 11, 2024

A Kat reflecting on emerging branding strategies for plants. Why does the patent use a different name from the registered trademark? And what can this tell us about branding strategy for plants? Unlike PVR law, however, trademark law imposes no obligations to maintain a direct link between a name and a plant.

Trademark 111

Trademark Registering Trademarks Marketing Marketing 111

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 111

Trademark Advertising Advertising Branding 111

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. The Court noted the expiration of the license and the respondents’ registered trademark rights.

Trademark 105

Trademark Cease and Desist Music Copyright 105

IP and Legal Filings

JUNE 21, 2023

Introduction The Trade Marks Act, 1999 and the regulations made thereunder regulate trademark laws in India. The Act outlines the procedures for registering, safeguarding, and upholding trademarks in India. The owner’s brand reputation and goodwill may be irreparably damaged by any unlawful use of a trademark.

Registering Trademarks 98

Registering Trademarks Trademark Trademark Law Brands 98

IP and Legal Filings

SEPTEMBER 19, 2023

If there are no oppositions, or if the opposition is unsuccessful, the trademark will be registered, and a certificate of registration will be issued. A registered trademark is valid for a period of 10 years, after which it can be renewed for additional 10-year periods.

Trademark 98

Trademark Intellectual Property Registration Registering Trademarks 98

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 Brands 105

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.

Cease and Desist 105

Cease and Desist Branding Brands Branding 105

IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with.

Law 105

Law Branding Brands Branding 105

IP and Legal Filings

OCTOBER 26, 2023

A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices. The trademark owners enjoy monopoly and exclusive proprietary rights of their trademarks through the law of trademark protection.

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Business 105

IP and Legal Filings

JANUARY 27, 2023

[i] [image Sources : Shutterstock] Properly called, a trademark denotes origin or acts as a flag of origin since its primary function is to identify the source or origin of products or services. In other words, trademarks identify a certain corporation as the source of products or services.

Trademark 98

Trademark Registering Trademarks Registration Intellectual Property 98

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

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

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.

Social Media 52

Social Media Branding Brands Branding 52

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

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. Patent and Trademark Office, because the examiner asserts that the applied-for mark is likely to be confused with the registered trademark.

Trademark 147

Trademark Registering Trademarks Editing Trademark Law 147

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.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

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

Traverse Legal Blog

FEBRUARY 24, 2025

These nonprofits own registered trademarks and attend to them just as a for-profit organization does. As one can imagine, just like a for-profit business seeks to leverage its brand and identity in order to further garner goodwill and generate revenue, nonprofits also are well-served when they do the same.

Trademark 94

Trademark Branding Brands Branding 94

Intepat

DECEMBER 21, 2021

Is the Trademark Act applicable to QR Codes? As Trademark Law only protects elements that allow the public to easily identify the goods and services, such as names, logos, slogans, sounds, or colours, QR codes cannot be trademarked on their own. What exactly is the issue with QR codes? Judicial Decision.

Trademark 98

Trademark Intellectual Property Registering Trademarks Branding 98

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.

Editing 105

Editing Law IP Design 105

Kashishipr

APRIL 27, 2022

During the filing of the trademark application for a motion mark, the applicant should ensure that the movements occurring in the mark should be represented in sequence as presented for the product or brand in question. The Indian Trademark Law and Motion Marks.

Registration 105

Registration Trademark Branding Brands 105

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?

Trademark 105

Trademark Trademark Law Intellectual Property Ownership 105

Garrigues Blog

JULY 6, 2021

They allow companies to promote their brand image and connect with the community around them. When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ).

Branding 52

Branding Brands Branding Registration 52

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. While they commonly consist of a brand name or logo, the shape of a product may also be an indication of its origin. However, shape marks are not easy to register. No other manufacturer or replica company can copy the shape without risking being taken to court.

Trademark 105

Trademark Intellectual Property Registration Design 105

LexBlog IP

OCTOBER 25, 2022

The only difference is that I recognized it under the Kwik Star brand name. The reason why my childhood featured Kwik Star, while those of my Wisconsin peers featured Kwik Trip, is a product of none other than trademark law. What then are the takeaways from this trademark tale? Registered trademarks are valuable.

Registering Trademarks 52

Registering Trademarks Branding Brands Branding 52

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.

Trademark 105

Trademark Registration Branding Brands 105