The IPKat

DECEMBER 14, 2023

Today, it’s about the trade marks. February: In Nigeria, the Business Facilitation (Miscellaneous Provisions) Bill, 2022 , was signed into law. Stephen Mouka issued a Cease and Desist Notice to the public after an X user created and shared a limited merchandise bearing the slogan.

IP 83

IP Service Mark Cease and Desist Registration 83

Velocity of Content

JULY 26, 2022

In contrast, trademarks in the United States —in some instances referred to as service marks or trade names—are created by use by a person “in commerce”; technically, no government approval is required. And both are available – for a bearable fee – to individuals and small (teeny-tiny, but hopeful) businesses.

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Trademark Government Copyright Service Mark 98

The TTABlog

NOVEMBER 27, 2023

Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. A threshold question in evaluating the registrability of a trademark or service mark is whether the proposed mark meets the source indication requirement.

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IP and Legal Filings

FEBRUARY 2, 2024

Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, service marks, logos, symbols, series marks, etc [1]. 1] Acharya, M. 2022, February 28).

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

Indiana Intellectual Property Law

DECEMBER 13, 2024

and Chhaterpal Singh (Defendants) for the unauthorized use of its trademarked business name. My Market claims that Batth Markets’ use of the name “My Market” has caused confusion in the marketplace, posing a threat to the reputation My Market has built through years of branding and business development.

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Marketing Marketing Trademark Service Mark 52

43(B)log

OCTOBER 11, 2022

The parties used to have an ongoing business relationship in which both companies outsourced clients to each other and engaged in regular communications regarding their business operations. That didn’t amount to a “reasonable expectancy” of future business which was interfered with by Boston Suburban.

False Advertising 64

False Advertising Advertising Advertising Copying 64

The TTABlog

OCTOBER 2, 2024

The Board observed that "where the proposed mark is not inherently distinctive because it is comprised of common features in the relevant field or is typically used or perceived as ornamentation, length of use alone generally is not sufficient to satisfy the elevated burden of proving acquired distinctiveness." In re Erik M.

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Service Mark Social Media Intellectual Property Law Intellectual Property 58

The TTABlog

JUNE 21, 2021

Opposer James Barnard claimed prior use of the mark MANDALA for business consulting and branding services, and alleged likelihood of confusion with the Applicant's proposed mark MANDALAEVERYWEAR for marketing consulting services. The was fatal to his priority claim and so the Board dismissed the opposition.

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Advertising Advertising Service Mark Branding 52

IP and Legal Filings

JULY 24, 2023

Content marked as “editorial use only” is not cleared for commercial use, ensuring compliance with legal and ethical standards, particularly in cases involving celebrities, people without consent, and trademarks, logos and service marks.

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Licensing Advertising Advertising Copying 98

The IPKat

SEPTEMBER 15, 2022

Relation to a foreign state” includes citizenship of a state, having a place of incorporation, one's main business activity or one's main source of income in that state. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code. Is anything here on the list?

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IP Brands Branding Branding 132

The TTABlog

AUGUST 5, 2024

In this opposition to registration of the mark BLIZZARD for various business services, Applicant Ava Labs, Inc., counterclaimed to cancel two pleaded registrations owned by Opposer Blizzard Entertainment for online retail store and mail order services. Carefirst of Md., citing Giant Food Inc. Rosso and Mastracco, Inc. ,

Trademark 56

Trademark Service Mark Registration Television 56

TraskBritt Intellectual Property

MARCH 18, 2021

Intellectual property law includes patents, trademarks, copyrights, and trade secrets and is an important consideration for any new business. Having a basic knowledge of intellectual property law is crucial to increasing the value of your business.

Trademark 52

Trademark Copyright Intellectual Property Intellectual Property Law 52

The TTABlog

FEBRUARY 16, 2024

The Board affirmed a refusal to register the proposed mark EXPERIMENTAL AND APPLIED SCIENCES for “Dietary and nutritional supplements” on the ground that the mark is used solely as a trade name to identify applicant's business and therefore is not registrable. In re Hi-Tech Pharmaceuticals, Inc. 15 U.S.C. §

Trademark 53

Trademark Design Designs Service Mark 53

IP and Legal Filings

JUNE 8, 2022

The design created for your brand brings enormous value to the business. The Paris Convention, 1883- Patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, and the repression of unfair competition are all covered by the Paris Convention, which was enacted in 1883.

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Registration Design Designs Intellectual Property 97

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. Primarily, a trademark distinguishes the goods and services of one trader from those of others. This helps them stand out and acts as a prime instrument for advertising and selling their products.

Trademark 52

Trademark Intellectual Property Registration Trademark Law 52

Kashishipr

JULY 27, 2022

They play a crucial role in businesses, specifically technology and biotechnologies companies, and constitute a considerable portion of their profits and overall strategies. The terms and conditions of a merger are generally fair, mutually agreed to by the businesses and companies involved, and they become equal partners of the new venture.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 52

LexBlog IP

JUNE 14, 2023

These agreements can support a host of legitimate business interests. The general counsel’s memorandum challenges what legitimate business interests might constitute sufficient “special circumstances” to justify post-employment restrictions. The Alabama Code has a similar list of protectable interests.

Confidentiality 52

Confidentiality Business Intellectual Property Service Mark 52

43(B)log

OCTOBER 4, 2021

They allegedly wrongfully ousted Corkum and, when he asserted his rights, incorporated Oak City to continue the business, allegedly with LStar’s equipment, money, and intellectual property. Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. Primarily, a trademark distinguishes the goods and services of one trader from those of others. This helps them stand out and acts as a prime instrument for advertising and selling their products.

Trademark 52

Trademark Registration Intellectual Property Service Mark 52

IP and Legal Filings

JUNE 9, 2022

There exist several IPRs and it is important to be aware of which one is suitable for your brand/ business. Registration is the procedure of filing a particular mark/ name under the respective authority of legal statutes. Strategic and thought after decisions are significant to be made to take your business to thriving heights.

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Registration Design Designs Trademark 93

IP and Legal Filings

DECEMBER 18, 2022

Trademarks are used to distinguish one person’s goods and services from that of others. It is many types, for example, service mark, proprietary mark, product mark, collective mark, word mark. certification mark etc. The plaintiff manufactured and market it under the trade mark AZIWOK.

Trademark 98

Trademark Registration Intellectual Property Brands 98

The TTABlog

NOVEMBER 10, 2022

The Board found that "the evidence all points in one direction: Cowboy Jack bequeathed his music businesses, including Opposer (which owns the involved mark) to Alison and Niles. We presume this transfer to include all associated trademarks and service marks, and Applicant has not rebutted the presumption.

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Ownership Music Service Mark Business 40

Traverse Legal Blog

NOVEMBER 17, 2024

Its better to determine, a little bit later, rather than never, what risks and liabilities you have in connection with your current and existing use of a particular trademark or service mark. Protect Brand Uniqueness: They help ensure that a chosen brand name effectively distinguishes the business in the market.

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

DECEMBER 13, 2024

If consumers don't or won't perceive a term as indicating source, then the term is not a trademark (or service mark). Applicant acknowledged in its brief that "businesses seem to use 'FIRST LOOK' to identify a benefit/perk as part of their respective membership programs." Failure-to-function is the original sin of trademark law.

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Service Mark Trademark Law Trademark Blogging 45

IP and Legal Filings

JUNE 14, 2023

A trade name is a name under which a company pursues its business and needs to be distinguished from the entity’s registered or legal name. Many countries require registering a trade name or business name in a special register. The majority of businesses are worth more than the whole of their physical assets.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

The TTABlog

FEBRUARY 2, 2024

Evidence in the form of listings and advertisements, such as in yellow and white page phone book listings, triggers a presumption that a third-party service mark is in fact in use by third-parties, possibly making a registrant’s mark weak.

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Registration Service Mark Advertising Advertising 53

The TTABlog

DECEMBER 18, 2023

Without evidence, Game Plan's claim of common law rights was baseless and so the Board considered only its registered service mark rights. The Board noted that UNIP uses the mark MORE THAN AN ATHLETE, "which is effectively the same use as Ms. We find the similarity of the businesses facilitated transfer of the goodwill Ms.

Law 56

Law Registration Service Mark Litigation 56

The TTABlog

AUGUST 15, 2023

In a whopping 82-page opinion, the Board affirmed the USPTO's refusal to register PARKING.COM , on either the Principal Register or the Supplemental Register, as a service mark for “website providing information regarding parking availability." The Board was not impressed.

Service Mark 40

Service Mark Registration Designs Design 40

Intepat

MAY 29, 2024

.” The “Claiming User Date” category pertains to trademarks that are already in use by the applicant in the market, while the “Proposed to be Used” category applies to trademarks or service marks that are for future use.

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Registration Trademark Advertising Advertising 52

The TTABlog

OCTOBER 10, 2023

In 2019, applicant effectively acquired the assets of opposer’s brass division and tubes manufacturing business. Applicant manufactures, advertises and sells, under the stylized HME mark, goods that opposer previously sold, to customers who previously were opposer’s customers in the United. Zhejiang Hailiang Co.,

Marketing 56

Marketing Marketing Ownership Registration 56

Garrigues Blog

SEPTEMBER 14, 2022

For those of us less familiar with the workings of the British Crown, Royal Warrants are a type of distinction that the Royal Household has issued since 1840, through the Royal Warrant Holders Association, to companies or traders that regularly supply goods or services (paid) during at least five out of the seven years preceding an application.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

IP and Legal Filings

SEPTEMBER 21, 2021

Trade dress protection and its relevance in business environments. In competitive business environments, companies are required to ensure that every single component of a product, including its packaging, taste, appearance, and look and feel can contribute and sustain the brand’s commercial viability and growth.

Law 52

Law Branding Brands Branding 52

Intepat

SEPTEMBER 27, 2024

In India, the rise of e-commerce has transformed the approach of consumer’s shopping and business operations. In addition to it, there is an expansion of online marketplaces like Amazon, Flipkart, and Myntra, which provides an easier accessibility to a wide range of products.

Intellectual Property 52

Intellectual Property IP Trademark Copyright 52

LexBlog IP

DECEMBER 19, 2023

” Scrooge wasn’t the only one who had that idea: a business owner registered ALWAYS CHRISTMAS & Design as a service mark in 1995 (Registration No. As Ebeneezer Scrooge put it after being visited by the three ghosts: “I will honour Christmas in my heart, and try to keep it all the year.”

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

IP and Legal Filings

JANUARY 4, 2022

The Nice Agreement, concluded at Nice in 1957, revised at Stockholm in 1967 and at Geneva in 1977, and amended in 1979, establishes a classification of goods and services for the purposes of registering trademarks and service marks (the Nice Classification).

Intellectual Property 52

Intellectual Property Registration Music Designs 52

43(B)log

SEPTEMBER 16, 2021

It has more than 400 commercial customers, including global enterprises such as Walmart, Comcast, Cisco, and eBay, and also does substantial business with government agencies, including US agencies. It has trademark registrations for the word mark “NEO4J.” [I still don’t know what that means, but ok.]

False Advertising 64

False Advertising Advertising Advertising Licensing 64

IP Whiteboard

NOVEMBER 18, 2020

In 2008, Sydney Cabs and Manly Cabs entered a Business Sale Agreement ( BSA ) which stated that Sydney Taxis would obtain certain telephone numbers of Manly Cabs at completion but did not describe the mechanism by which this was to occur ( Disputed Numbers ). Sydney Taxis operated a radio room and call centre for both Manly Cabs and RSL Cabs.

Brands 40

Brands Branding Branding Business 40