LexBlog IP

AUGUST 14, 2023

These symbols are more than just logos; they are trademarks – vital components of intellectual property that bestow unique identity, recognition, and legal protection upon brands. In this blog post, we explore the definition of trademarks, their significance, and the myriad elements that fall under their purview.

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LexBlog IP

JULY 12, 2021

On the other hand, the other register at the United States Patent and Trademark Office (USPTO) is the Principal Register. This article will compare each register, and explain the usefulness of each. What is a Supplemental Register Trademark? Supplemental vs Principal Register Comparison Table.

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Trademark Graphic Design Registration Registering Trademarks 52

Patent Trademark Blog

MARCH 18, 2022

Trademarks can last indefinitely. As long as the owner continues to sell products or services under a particular mark, then trademark rights do not have a definite expiration date. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable. Do you need to act quickly?

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Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades.

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43(B)log

FEBRUARY 16, 2024

As you may or may not recall, §32 of the Lanham Act provides for a cause of action for infringement of registered marks; courts have read 43(a) to provide a similar cause of action for “unregistered marks”—matter that is not registered with the PTO but serves a trademark function of indicating source. Then, in Lexmark v.

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Trademark Fair Use Registration False Advertising 59

IP and Legal Filings

MARCH 5, 2024

Trademark Law Before pre-digitalization The US Trademark Office (USPTO) defines a trademark as a word, phrase, design, or symbol that serves to identify and distinguish the products or services you sell apart from those of others. The registration and management of trademarks was another essential component.

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Trademark Social Media Advertising Advertising 89

IIPRD

OCTOBER 14, 2022

As of the current time, there is no prescribed definition of this terminology. After the amendment of 1994, programs designed to operate computers are included in the meaning of “literary works” under the Act. Concerning infringement, a trademark is abused when a person adopts a corporation’s domain name without authorization.

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Intellectual Property Confidentiality Copyright Technology 52

IP and Legal Filings

FEBRUARY 26, 2022

Letters and numbers are included in the definition of “mark.” Instead of showing two or more letters as letters in and of themselves, the letters might be entwined or interwoven into a single device, formed into a monogram, which is prima facie registrable as a device. Registrability of letters or numerals as wordmark.

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Registration Trademark Trademark Law Business 52

Kashishipr

AUGUST 2, 2021

Goods or items produced outside Bangladesh involving infringement of the Copyright Act, 2000 or infringement of layout design of integrated circuits that are intended for sale or use for commercial purposes within the territory of Bangladesh. A Unique Temporary Registration Number (UTRN) is generated on filing the online application.

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IP Intellectual Property Registration Registering Trademarks 105

IIPRD

FEBRUARY 23, 2021

The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. Trademark as Collateral in the US. For a common law trademark, notice of the lender’s security interest is not required to be recorded.

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IP Intellectual Property Branding Brands 40

Corsearch

AUGUST 30, 2023

Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role. Absolute grounds for refusal of registration are factors within the individual trademark in isolation which hinder registration.

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Trademark Registration Registering Trademarks Designs 52

IP and Legal Filings

OCTOBER 28, 2023

TARNISHMENT Unauthorized use of famous mark which is offensive, inappropriate in connection with a similar mark or trade name.Tarnishmentmainly occurs when the product is contrary to the corporate values of the trademark owner and another form is to offend or criticize the trademark’s owner. “

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Trademark Registering Trademarks Trademark Law Branding 78

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

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IP Intellectual Property Social Media Cease and Desist 98

Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Law on Color Trademarks in India. Case No: A3/2016/3082).

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LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

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IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). ”; see also ILN Today, July 15, 2021.

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Trademark Registration Music Intellectual Property 52

SpicyIP

AUGUST 14, 2023

The appellant argued that its word mark “India News” has been registered under the same class however, the respondent has rejected its “India News” device mark citing Section 9. Without going into the merits of the case, the court set aside the impugned order and directed the respondent to grant registration to the subject device mark.

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SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Durga Trading Corporation was clarified in this case. Sun Pharmaceuticals Industries Ltd.

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IP Intellectual Property Copyright Trademark 136

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. This registration application for trademark of the hue, was sternly opposed by Cadbury’s staunch foe, Nestle.

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Trademark Branding Brands Branding 52

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo. Trademark etc.

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Technology & Marketing Law Blog

JUNE 21, 2023

1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design. Parody doctrine can apply when a similar mark is used as a designation of source, such as in the Chewy Vuiton case. Source-identifying uses of marks.

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Trademark Blogging Trademark Law Fair Use 101

LexBlog IP

FEBRUARY 16, 2023

It also adds “or other elements” to the list of signs that can comprise registered trademarks. Comment: The addition of “other elements” suggests the possibility of acceptance for a broader range of non-traditional trademarks (e.g., single color marks, scent marks, etc.)

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Trademark Law Trademark Law Registering Trademarks 40

43(B)log

NOVEMBER 8, 2023

Trademark: In Jack Daniel’s v. VIP Products, the Court held that it did not need to apply or even decide the validity of a speech-protective limit on trademark law designed to prevent trademark owners from shutting down expressive works that comment on trademarks, known as the Rogers test.

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43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

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