IP and Legal Filings

JULY 11, 2024

Geographically Descriptive Terms: It is important to note that trademarks that include words that are geographically descriptive (like names of cities or countries) will not be eligible for registration if they create the impression that the products or services originating from other places are originating from the mentioned geographical location.

Registration 105

Registration Trademark Copyright Intellectual Property 105

IP and Legal Filings

JULY 11, 2024

This entails collection of all FileInfo(s) of the mark which includes a written definition of the mark through the proprietor, a written specification of the goods or services to be rendered associated with the mark, and the grounds for filing the mark, use in commerce or bona fide intention to use in commerce in the United States.

Registration 98

Registration Trademark Reporting Government 98

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration 98

Registration Trademark Trademark Law Law 98

Plagiarism Today

AUGUST 23, 2022

Though there are definitely ways that NFTs and blockchain technology can be useful for handling copyright issues , especially in countries where copyright registration is not required, it should not shock anyone that NFTs, as they exist today, aren’t the path. However, NFTs were never designed for this purpose.

Copyright 279

Copyright Ownership Intellectual Property Technology 279

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Unicolors, Inc. Factual and Procedural Background.

Registration 98

Registration Blogging Copyright Design 98

The IPKat

NOVEMBER 23, 2024

The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. The Court considered the dictionary definitions of "clothes", which ordinarily applies to garments that cover the body, but not the head or feet.

Cease and Desist 72

Cease and Desist Registration Brands Branding 72

LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

Registration 52

Registration Designs Design Public Domain 52

The IPKat

MARCH 16, 2023

At the round table, the speakers discussed the upcoming legal reform, the definition of “evocation”, as well as the conflict between GIs and collective marks. This same definition is suggested in the Proposal for EU GI reform. 1(3) Design Regulation. 80-81 Design Regulation. Following Art.

Art 130

Art Designs Design Litigation 130

Intepat

DECEMBER 4, 2024

However, unconventional trademarks challenge traditional concepts of visual representation, leading to significant complexities in their registration, protection, and enforcement. Their essence lies in unique sensory elements that transcend conventional designs and embody distinctiveness in novel ways. A landmark case was the U.S.

Trademark 52

Trademark Intellectual Property Brands Branding 52

IP Tech Blog

JANUARY 9, 2023

On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.

Designs 57

Designs Design Blogging Registration 57

The IPKat

NOVEMBER 30, 2022

The strong ‘additional meanings’, or the acquired distinctiveness, take the sign out of the shadows of being a descriptive term and make it eligible for trade mark registration. And per this ‘one-to-many correspondence’, the relevant public will not interpret ‘HAMPTON’ as designating the geographical origin of goods or services.

Art 135

Art Registration Intellectual Property IP 135

The TTABlog

MARCH 8, 2022

The Board upheld a refusal to register the proposed mark MADE FOR YOU LAB-GROWN DIAMONDS , in standard character and design form, for 'diamonds; jewelry" [LAB-GROWN DIAMONDS disclaimed], finding that the phrase fails to function as a trademark. In re Standard Oil Co. , 2d 945, 125 USPQ 227, 229 (CCPA 1960).

Trademark 94

Trademark Registration Service Mark Designs 94

Erik K Pelton

AUGUST 18, 2020

And protecting the words alone means that all fonts, colors, designs, and uses of those words are covered in the scope of the trademark registration. And when the logo is creative and unique and a nice design, it is valuable to protect the logo separately. However, there are unique circumstances where that might not be the case.

Trademark 130

Trademark Social Media Registration Brands 130

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 57

Design Patent Designs Design Patent 57

LexBlog IP

JANUARY 9, 2023

On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.

Designs 52

Designs Design Registration Blogging 52

IP and Legal Filings

DECEMBER 17, 2024

This blog discusses the concept of non-conventional trademarks, its use in Pharmaceutical Industries, relevance and complexity surrounding the registration process under Indian Law. Section 9(1) (a) states that non–distinctive trademarks are not eligible for registration, which presents a challenge for single-colour trademarks.

Trademark 52

Trademark Brands Branding Branding 52

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

Designs 52

Designs Design Copyright Artistic Work 52

The IPKat

SEPTEMBER 12, 2023

6, crafts and industrial products will be protected under a system equivalent to protected geographical indications (PGI), instead of protected designations of origin (PDO). A two-phase registration The registration procedure will consist of two phases (art. A PGI-like scheme According to art.

Art 132

Art Registration Journalism Intellectual Property 132

IPilogue

AUGUST 4, 2022

That case centered around the issue of whether the applicant’s “JU DIAN & Design Mark” was obtained in bad faith contrary to 18(1)(e) of TMA or was otherwise invalid per 18(1)(b) or 18(1)(d) of the TMA. The Court evaluated many definitions of “bad faith,” as it was not defined in Bill C-86, which introduced the new s.18(1)(e)

Trademark 114

Trademark Registration Design Designs 114

The TTABlog

FEBRUARY 6, 2025

The Board sustained on opposition to registration of the proposed mark MENTCHEES "for Toy figures; Modeled plastic toy figurines; Molded toy figures," on the ground of genericness. There were no English or Yiddish dictionary definitions of MENTCHEES, or its phonetic equivalent, in the record. Chazak Kinder Inc. Mitzvah Kinder, Inc.

Designs 45

Designs Design Registration Copyright 45

IP and Legal Filings

FEBRUARY 24, 2025

In 2003, the firm’s trademark in Germany was protected due to its distinctive design. 1] In 2006, the International Trademark Association, INTA, officially recognized the importance of tactile marks by adopting a resolution in support of the recognition and registration of these marks. are two examples.

Trademark Law 52

Trademark Law Trademark Law Brands 52

SpicyIP

FEBRUARY 21, 2024

This issue arose out of the absence of a clear definition of ‘High Court’ post the Tribunal Reforms Act, 2021 (‘TRA’) which abolished the IPAB and returned the powers to the High Courts. Gian Chand Jain was dealing with a similar issue since in the Design Act, 1911, the Act didn’t define which High Court would have jurisdiction.

Trademark 105

Trademark Intellectual Property Designs Design 105

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 52

Design Patent Designs Design Patent 52

The TTABlog

JUNE 28, 2022

Kretet also pointed to its ownership of a registration for a similar mark for non-medicated skin serums, but the Board was unimpressed. Examining Attorney Julie Choe submitted dictionary definitions of "cosmetics" as well as a definition provided by the U.S. The Board concluded that Krete's goods fell within those definitions.

Designs 45

Designs Design Registration Ownership 45

IP and Legal Filings

APRIL 25, 2024

Introduction Section 3 of the Real Estate Regulation and Development Act, 2016 provides for prior registration of projects under the Real Estate Regulatory Authority that are undergoing completion as of the commencement of the Act and have not been granted a completion certificate by their respective local authorities.

Registration 52

Registration Settlement Law Blogging 52

The IPKat

AUGUST 17, 2021

Both Protected Designation of Origin (PDO) and Protected Geographical Indication (PGI) rely on the origin link (e.g., Zappalaglio observes regional trends in GI registration, which he complements with an analysis of the GIs registered by the EU Member States that joined the EU after 2004.

Law 132

Law Registration Publishing Designs 132

LexBlog IP

JUNE 18, 2023

Patent Practice: Creation of a Design Patent Practitioner Bar by John DeStefano The United States Patent and Trademark Office (USPTO) has proposed a significant change to the rules of practice in patent cases. The Office received a range of comments, both in support of and against the creation of a separate design patent practitioner bar.

Design Patent 52

Design Patent Designs Design Patent 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.

Registration 52

Registration Trademark Trademark Law Business 52

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). See TTABlog comment below. -

Advertising 90

Advertising Advertising Design Patent Designs 90

IP and Legal Filings

FEBRUARY 2, 2023

Introduction The Ministry of Electronics and Information Technology (MeitY) was designated as the focal ministry for all issues pertaining to the online gaming sector on December 23, 2022. MeitY has extended a deadline for comments on the proposed amendment of January 17, 2023.

Due Diligence 98

Due Diligence Registration Government Technology 98

Patently-O

APRIL 25, 2023

This raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor. In this case, researchers patented a genus of monoclonal antibodies, but the antibodies’ amino acid sequences were not designed by humans.

Invention 126

Invention Inventor Patent Intellectual Property 126

43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process. More partial designs.

Intellectual Property 84

Intellectual Property Design Patent Law Designs 84

IP and Legal Filings

AUGUST 11, 2023

2] This new set of marks is often referred to as non-traditional trademarks , and the qualification for their registration, as opposed to a traditional mark, is substantially higher. [3] I do this by demonstrating the statutory criteria for trademark registration and then applying the set criteria to check the registrability of braille.

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 98

IPilogue

SEPTEMBER 23, 2021

Does that definition apply here so as to disturb the apparent pattern of paras. (a) By contrast, “maker” — producteur in the French version — has a definition in s. 1)(b) really applies only to sound recordings, what is the point of having a definition of “maker” of a cinematographic work at all? a) and (b)? 2 inapplicable?

Ownership 92

Ownership Copyright Intellectual Property Design 92

SpicyIP

JANUARY 4, 2023

For example, (Registration no. Meanwhile, (Registration no. This creates a contradiction with the definition of certification marks as given in the TM Act. This creates a contradiction with the definition of certification marks as given in the TM Act.

Registration 80

Registration Designs Design Trademark 80

IP and Legal Filings

MARCH 26, 2023

Introduction Appellant “ Knitpro International ” applied for registration of the shape of a knitting needle in Class 26 in respect of ‘knitting needles and crochet hooks’. The shape mark must meet the requirement of distinctiveness [as per Section 9(1)(a)] due to the nature of the mark in order to be registrable.

Trademark 89

Trademark Registration Designs Design 89

LexBlog IP

FEBRUARY 17, 2023

The Examining Attorney (the “Examiner”) originally refused registration for both applications on the grounds that the alleged marks failed to function as a mark. The evidence submitted by Lizzo and the Examiner included, among other things: An urban dictionary definition for 100% That B h (a woman whom everyone wants to be.

Registration 52

Registration Music Trademark Designs 52