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Trademark Registration Process in the US and The India: Key Differences

IP and Legal Filings

If the examiner has certain concerns about the registrability of the proposed mark, or overlaps of the mark with any of the existing registered marks, which can possibly create confusion, then, the examiner may publish an office action. Depending on the complexity and the volume of work, it can take several months up to couple of years.

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LKQ Corporation v. GM Global Tech: Design Patent En Banc

Patently-O

GM Global Technology Operations LLC , the court will consider whether to apply a more stringent obviousness test to design patents. In a 2010 article, I concluded that “the current design patent examination system operates as a de facto registration system” with very little obviousness analysis except in cases of clear copying.

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How to satisfy the ‘novelty’ condition while registering a design?

Biswajit Sarkar Copyright Blog

What are designs? Designs are the visual features of objects, something that is solely perceived by the eye. In India, Designs are protected under the Designs Act, 2000. Why register a design? The cognitive efforts and the creativity involved in making a design have some value in the eyes of the law.

Designs 52
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Never Too Late: If you missed the IPKat last week!

The IPKat

Eleonora Rosati informed readers of the upcoming Fashion Law London event on AI in Fashion. IPKat readers can take advantage of a 15% discount on the registration fee. The post evaluates whether a brand’s reproduction of a design comprised of an unauthorized use of their own trade mark in 3D form can be considered as design copying.

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Chanel is reminded: trademark territoriality still matters

The IPKat

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

Trademark 138
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Hacking Fashion Week: IP Guide to Survival

LexBlog IP

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

IP 52
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The Vespa appearance: Italian Supreme Court considers that its artistic value may preclude trade mark protection (due to substantial value absolute ground)

The IPKat

A Vespa LX Last week was an eventful one for Piaggio, the Tuscan ( ) company that has developed and owns the iconic (yes, you can say that: read on) Vespa. Incidentally, both proceedings stemmed from a long-running dispute between Piaggio and a Chinese company accused by the former of parasitically copying the Vespa design.

Designs 134