Erik K Pelton

AUGUST 6, 2024

The following is an edited transcript of my book video Building a Bold Brand Chapter 6: Why Apply to Register Trademark registration with the USPTO has tremendous value. A trademark registration is a tangible asset that can be assigned, licensed, or used as collateral in the sale of a business.

Trademark 130

Trademark Cease and Desist Registering Trademarks Registration 130

Traverse Legal Blog

JULY 14, 2022

A cease and desist letter is typically the most cost-effective option, but in some cases a particularly egregious or blatant instance of trademark infringement can call for initiating a lawsuit. In any scenario, the optimal first move is to try a cease and desist letter. Has your trademark registration ever lapsed?

Cease and Desist 98

Cease and Desist Trademark Litigation Intellectual Property 98

Erik K Pelton

OCTOBER 6, 2020

Trademark registration with the United States Patent and Trademark. as low as $225, and the resulting trademark registration provides a. myriad of benefits to its owner: Using the registration symbol (®) looks nice, and the official. registration certificate looks great framed on an office wall to. significance.

Business 130

Business Cease and Desist Trademark Registering Trademarks 130

The IPKat

OCTOBER 29, 2024

A particularly nifty feature is the flow chart for establishing whether a design is capable of registration based on a series of simple yes/no questions. In fact, this occurs in various sections of the book, such as in Chapter 4 on unregistered design rights, where the context as to their inception (i.e.

Editing 69

Editing Designs Design Law 69

The IPKat

NOVEMBER 23, 2024

The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. Katy Perry's team became aware of the KATIE PERRY trade mark application in May 2009 and authorised lawyers to send a cease-and-desist letter, then attempt to resolve the matter through negotiation of a co-existence arrangement.

Cease and Desist 72

Cease and Desist Registration Brands Branding 72

Plagiarism Today

OCTOBER 26, 2021

The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”. Lawsuits around these particular issues are rare and the disputes that do arise typically are handled through cease and desist letters or takedown notices.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

Erik K Pelton

MARCH 9, 2021

Then they received a cease-and-desist letter: another company had already registered the identical brand name for the identical services. The amount of time spent dealing with a dispute when a business doesn’t have a registration is almost certainly going to be more complicated and take longer to resolve.

Cease and Desist 130

Cease and Desist Trademark Social Media Branding 130

IP and Legal Filings

OCTOBER 26, 2023

The modus operandi of bullying and legal threats which are baseless by large entities gets initiated by serving a cease and desist notice which contains threats of instituting a trademark infringement suit. Further the defendants were also restrained from issuing any other baseless threats. [3]

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Cease and Desist Trademark Registering Trademarks Business 105

Erik K Pelton

NOVEMBER 29, 2021

Achieve registration. Enforce your trademark , if necessary, by sending cease and desist letters, or take down notices, or otherwise engaging with infringements. Enforce your trademark , if necessary, by sending cease and desist letters, or take down notices, or otherwise engaging with infringements.

Trademark 147

Trademark Cease and Desist Branding Brands 147

SpicyIP

OCTOBER 27, 2024

on 22 October 2024 (Delhi High Court) Image from here The appellant, proprietor of the “BRUFEN” trademark, challenged the registration of the mark “MEBUFEN,” claiming deceptive similarity. Thus, the Court dismissed the appeal, upholding the Registrar’s order granting registration to “MEBUFEN.” Mehboob Ahmad & Anr.

Trademark 103

Trademark Copyright Cease and Desist Registration 103

Kashishipr

MAY 4, 2022

Even if you have the Trademark Registration in place, it is essential to understand that the trademark rights are not self-executing; being the trademark owner, you are ultimately responsible for monitoring the marketplace and your use as well to safeguard well against losing the rights. Send Cease-&-Desist Letters Automatically.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

The IPKat

AUGUST 8, 2021

Registration was obtained in March 2018 by decision of the Opposition Division following an unsuccessful opposition filed by Aeroporto di Villanova d’Albenga SpA (Riviera-Airport) (the applicant), which was named Aeroporto Villanova d’Albenga SpA at the time of the opposition. azacilik Tekstil Sanayi ve Ticaret v EUIPO (C?104/18 104/18 P) ).

Cease and Desist 130

Cease and Desist Registration Business Marketing 130

Erik K Pelton

NOVEMBER 3, 2020

Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter! And, it’s even more helpful to hire an experienced trademark attorney to handle the registration process. Since 1999, I have built and managed my own small business, Erik M.

Business 130

Business Trademark Cease and Desist Branding 130

IPilogue

OCTOBER 19, 2021

In response, on August 28, Hershey sent a cease-and-desist order on its Kisses trademark, which led to the September 28 lawsuit. trademark law, a “lack of inherent distinctiveness” is a common reason for the USPTO to reject a trademark registration—so how was the possibly indistinctive Kisses mark registered?

Cease and Desist 105

Cease and Desist Branding Brands Branding 105

TorrentFreak

AUGUST 21, 2021

Last year his Area 51 service was shut down following a cease-and-desist issued by the Alliance For Creativity and Entertainment (ACE). Changes to domain registration records must be prevented and all must be disabled to prevent public access. Early July in a California court, Warner Bros.,

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Cease and Desist Settlement Copyright Infringement Copyright 145

SpicyIP

SEPTEMBER 25, 2023

Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Image from here Kia Wang vs The Registrar of Trademarks & Anr.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. When it comes to maintaining your trademark registration in India, you must use it concerning the products or services for which it is registered. Some Other Crucial Aspects to Keep in Mind.

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Registration Registering Trademarks Trademark Cease and Desist 52

Kashishipr

OCTOBER 6, 2021

It helps to identify any legal barriers to the company’s use or registration of its trademark (which can be the company business name, brand name, slogan, or logo) before the company begins to use the trademark or apply to have it registered. The same can lead to refusal of registration on the grounds of the likelihood of confusion.

Business 105

Business Trademark Cease and Desist Registration 105

SpicyIP

NOVEMBER 18, 2024

” The Court found substantial evidence to support these claims and acknowledging non-compliance with the plaintiff’s cease and desist notices by the defendant, the Court gave an ex-parte order for injunctive relief and ruled in favour of the defendant. Super Cassettes Industries Private Ltd.

Trademark 105

Trademark Cease and Desist Music Copyright 105

IP and Legal Filings

NOVEMBER 11, 2021

In the year 2012, the IPAB adjudicated that if a company takes elaborate measures to police the incorrect usage of their trademarks (which includes sending legal notices and cease and desist notices), the trademark in question will not be considered as a generic term. Subsequently, this decision was challenged by the appellant.

Trademark 98

Trademark Cease and Desist Branding Brands 98

Selvam & Selvam Blog

JULY 11, 2024

To add more clarity to this, ‘Trademark squatting’ – in which one person obtains registration for a trademark which does not actually belong to them nor do they have any right/ claim over the same – has evolved into an actual business today. So, how do you approach this issue when your brand is caught in the middle of it?

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Registration Branding Brands Branding 40

Patent Trademark Blog

SEPTEMBER 7, 2021

Do you need a registration in order to use a trademark? Unless a trademark application is based on a foreign registration , the applicant would be required to show usage of the applied-for mark on the relevant goods or services before the USPTO will issue a trademark registration. Think about your own company.

Registration 40

Registration Trademark Cease and Desist Ownership 40

LexBlog IP

OCTOBER 30, 2021

Copyright exists automatically, without the need for registration. Cease and Desist Letters. If you are able to identify the infringer and obtain their contact information (be it a mailing or email address), then you may consider sending a cease and desist letter. The copyright owner controls the use of their work.

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Social Media 52

Patently-O

JULY 20, 2023

The proposed registration filings focused on iconic elements of the boot, including the silhouette features shown above. Timberland boots have been on the market for 50 years, and according to the record the company has “never has demanded that competitors cease and desist from selling look-alike boots.”

Designs 74

Designs Design Cease and Desist Design Patent 74

Fish & Richardson Trademark & Copyright Thoughts

MAY 10, 2022

The first case deals with the Commission’s issuance of a limited exclusion order and cease-and-desist order in Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same (Inv. Trademark Registrations. [1] 337-TA-1196). 337-TA-1196). Complaint, at 1. Int’l Trade Comm’n , 598 F.3d

Cease and Desist 52

Cease and Desist Registration Patent Trademark 52

TorrentFreak

FEBRUARY 8, 2023

The recording industry group has already sent DMCA takedowns and cease and desist letters targeting unauthorized music-inspired NFT projects. Similar to the MPA, RIAA and partners don’t see NFTs as a replacement for current copyright registration or management options. Piracy remains a concern, however.

Non-Fungible Tokens 130

Non-Fungible Tokens Cease and Desist Intellectual Property Law Copying 130

Patent Trademark Blog

JUNE 2, 2023

Though your mark might not be registered yet, having a pending trademark application will at least start you on the journey toward registration. While registration will ultimately be required, a pending trademark application is sufficient to enable Amazon sellers to begin enrollment. Should you send a trademark cease-and-desist letter?

Cease and Desist 52

Cease and Desist Branding Brands Branding 52

IP and Legal Filings

SEPTEMBER 10, 2024

Registration of everyday words such as “bottle”, “company” etc, is not allowed. An attorney shall help you guide the way to increase the likelihood of a successful registration. How to prevent: One should select a unique/distinctive mark that represents your brand.

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Trademark Cease and Desist Branding Brands 96

The IPKat

MARCH 8, 2023

In such a situation, the owner may not invalidate the later mark or take action against its use in respect of the goods or services for which the later trade mark has been used, unless registration of the later mark was applied for in bad faith (Art. 9(1),(3) of Directive (EU) 2015/2436 (‘EUTMD’)).

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Cease and Desist Art Licensing Registration 125

The IPKat

DECEMBER 14, 2023

Stephen Mouka issued a Cease and Desist Notice to the public after an X user created and shared a limited merchandise bearing the slogan. Things, however, took a different turn in when Njemanze's application and registration of Domittila as a trademark were revoked by the Trademark Tribunal. Katpost on the decision here.

IP 84

IP Service Mark Cease and Desist Registration 84

Indiana Intellectual Property Law

JULY 28, 2022

LVB has a federal trademark registration, with the USPTO , for the word mark GENESIS under Registration No. Lafayette, Indiana – The Plaintiff, Lafayette Venetian Blind, Inc., (LVB) LVB) conducts business under the business name “ Lafayette Interior Fashions ” in West Lafayette, Indiana.

Cease and Desist 52

Cease and Desist Trademark Designs Design 52

Greenspoon Marder LLP

FEBRUARY 20, 2019

Accordingly, you should consider implementing the following practices in order to protect your mark: Marking: It is a good idea to include a registration notice on all marketing materials, your website, brochures, letters, advertising, other documents and other promotional materials.

Registering Trademarks 52

Registering Trademarks Cease and Desist Trademark Registration 52

LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 1 Imagine you’ve been using your business name, logo, or slogan for several years, building a good base of local customers. You make moves to expand your market, and suddenly you get a cease-and-desist letter from another business that has better rights to the trademark.

Branding 40

Branding Brands Branding Registration 40

Indiana Intellectual Property Law

AUGUST 9, 2021

Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”). Monster is seeking damages for trademark infringement arising under 15 U.S.C.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

IP and Legal Filings

OCTOBER 18, 2024

Infosys Limited obtained many registrations for the mark in various classes, the first being in 1987, and the company has been operating its website, wwww.Infosys.com, since 1992. Defendant arguments The defendant argued that Infosys had previously issued a cease and desist notice on 27/04/2024 but failed to complete it.

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Trademark Cease and Desist Brands Branding 104

The IP Law Blog

JANUARY 12, 2023

If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. . pending or issued registrations) and those that are not.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

The IPKat

MARCH 14, 2024

This post discusses the questions on the issue of joint authorship of audiovisual works and implications of copyright registration, which are raised by this dispute. GMC denied the assertions as false.

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Copyright Cease and Desist Ownership Registration 80