Erik K Pelton

MAY 2, 2022

The following is an edited transcript of my video Does My Non-Profit Need Trademark Protection? And believe it or not, nonprofits definitely need trademark protection. So their brands are very, very important and they are eligible for trademark protection just like any other brand.

Trademark 147

Trademark Brands Branding Branding 147

The IPKat

DECEMBER 17, 2022

Kat friend Marcel Pemsel, who will shortly publish as a full-fledged Guest Kat, already shares his thoughts on a recent trademark decision by the General Court concerning that favorite of trade mark questions: what does the specification of goods and services cover? Many terms have a clear and precise meaning. 2(a) of Directive 2002/46/EC ).

Editing 129

Editing Art Law Licensing 129

Erik K Pelton

FEBRUARY 20, 2022

The following is an edited transcript of my video How NOT to Protect Your Trademark. Having recorded dozens of episodes on how best to protect a brand and a trademark, I thought it would be fun to share my tips on how not to protect your trademark (sarcastically, of course). And don’t worry about if anybody copies it.

Trademark 130

Trademark Brands Branding Branding 130

43(B)log

MARCH 19, 2025

As a result, religious independence and mother-tongue/linguistic independence are highly valued in these countries, and are the context by which the morality of trademarks within the borders of these countries are assessed. Accordingly such use is not regarded per se as offending religious sentiments of any class or section of public.

Trademark 52

Trademark Trademark Law Registration Registering Trademarks 52

The TTABlog

JANUARY 9, 2023

Relying on a string of TTAB precedents, the Board observed that informational matter fails to function as a trademark if it comprises a common term or phrase that consumers are accustomed to see in use by various sources to convey ordinary, familiar, or generally understood concepts or sentiments, rather than serving as a source indicator.

Trademark 140

Trademark Social Media Registration Copying 140

Intepat

DECEMBER 4, 2024

Introduction Trademarks serve as identifiers of the source of goods or services, traditionally encompassing logos, names, and slogans. However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. The concept of unconventional trademarks has a relatively short history.

Trademark 52

Trademark Intellectual Property Brands Branding 52

Erik K Pelton

AUGUST 5, 2022

The following is an edited transcript of my video When Should I Apply for Trademark Registration? One of the most frequent questions I get is “When should I begin the process to start applying to register my trademark as a business owner?” Patent and Trademark Office. ” The answer, almost all the time, is now.

Registration 147

Registration Trademark Social Media Brands 147

Technology & Marketing Law Blog

MARCH 8, 2022

[Today, Betsy Rosenblatt, Rebecca Tushnet and I sent the following letter to Congress on behalf of 26 trademark academics (here’s a PDF version ). academics with expertise in trademark law. FN: Although the INFORM Act does not address directly trademark law, its provisions partially overlap with the SHOP SAFE Act.

Trademark 144

Trademark Trademark Law Law Blogging 144

IP and Legal Filings

DECEMBER 17, 2024

Abstract In the changing landscape of intellectual property law, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. Unlike conventional trademarks that primarily use visual elements, non-conventional trademarks engage multiple senses to foster brand recognition.

Trademark 52

Trademark Brands Branding Branding 52

IP Watchdog

JANUARY 22, 2023

Court of Appeals for the Ninth Circuit’s March 2020 ruling that a “Bad Spaniels” dog toy marketed by VIP Products was an expressive work entitled to First Amendment protections against trademark infringement liability under the Rogers test.

Artistic Work 124

Artistic Work Brands Branding Branding 124

Erik K Pelton

AUGUST 18, 2020

One of the most popular questions I get asked among new or prospective clients is about filing at the US Patent and Trademark Office (USPTO) for a word versus a logo. When you protect the words alone by themselves, it’s called a ‘standard character’ trademark application.

Trademark 130

Trademark Social Media Registration Brands 130

IP and Legal Filings

FEBRUARY 24, 2025

INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. In 2003, the firm’s trademark in Germany was protected due to its distinctive design. are two examples.

Trademark Law 52

Trademark Law Trademark Law Brands 52

Patently-O

JULY 30, 2021

A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. The district court found that the design is functional and therefore not protectable by trademark.

Designs 133

Designs Design Trademark Patent 133

IP and Legal Filings

JUNE 26, 2022

The word trademark is a culmination of two words, i.e., ‘trade’ and ‘mark’. Thus, to simply put, when the two words are read together, the meaning of ‘trademark’ comes out as- a sign or symbol used in the course of business by a person. As per the statute trademark means-. “ As per the statute trademark means-. “

Trademark 98

Trademark Registration Journalism Registering Trademarks 98

JD Supra Law

FEBRUARY 6, 2025

As my colleague Puya Partow-Navid recently wrote, popular or viral phrases in the sports world are often the subjects of trademark registrations. Womens sports are no exception.

Registration 66

Registration Trademark 66

SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. The definition of these terms is unclear.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

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.

Trademark Law 105

Trademark Law Trademark Law Brands 105

IP Watchdog

AUGUST 4, 2021

Court of Appeals for the Third Circuit regarding the definition of “functionality” in trademark law. Supreme Court asking the nation’s highest court to grant a petition for writ of certiorari to take up Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp. At issue in the appeal is a ruling from the U.S.

Trademark 116

Trademark Trademark Law Designs Design 116

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself. Jitender V. Jain and Anr.,

Trademark 98

Trademark Trademark Law Law Advertising 98

SpicyIP

MARCH 3, 2022

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the possibility of trademark protection for bodily features. Trademarking Signature Poses/Looks – A Progressive Protection of Individuality. What implications does this have for trademark law? Kedar is a fourth year BLS LLB student at the Adv.

Trademark 122

Trademark Trademark Law Intellectual Property Advertising 122

Olartemoure Blog

FEBRUARY 28, 2023

As we humans push the boundaries of exploration and commerce in outer space, it’s important to understand the laws and regulations that govern the use of trademarks in this new frontier. This infographic will provide a quick overview of the current state of trademark protection in outer space. What is a trademark?

Trademark 98

Trademark Intellectual Property Government Trademark Law 98

IP and Legal Filings

DECEMBER 16, 2024

The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. For instance, red soles for Christian Louboutin became a trademark of luxury shoes, while the colour per se was not unique.

Brands 98

Brands Branding Branding Designs 98

Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

Traverse Legal Blog

JANUARY 26, 2021

Even though the United States Patent and Trademark Office (USPTO) does not currently allow federal trademark registration for goods or services that violate federal law, it does allow federal trademark registration for cannabis and cannabis-related goods and services if the use in commerce is lawful.

Trademark 97

Trademark Registration Brands Branding 97

Plagiarism Today

DECEMBER 6, 2021

Shopify, for its part, has issued a statement saying that it takes intellectual property violations very seriously and has processed over 90% of its copyright and trademark reports within one business day. All totaled, the plaintiffs are seeking up to $150,000 for each infringed copyright and $2 million for each infringed trademark.

Publishing 317

Publishing Copyright Infringement Copyright Trademark 317

JD Supra Law

OCTOBER 21, 2022

An interesting trademark dispute has arisen between Dallas Mavericks phenom Luka Doncic and his mother over the trademark LUKA DONCIC 7, which is currently owned by Doncic’s mother.

Trademark 98

Trademark 98

SpicyIP

FEBRUARY 21, 2024

Recently, the Delhi High Court referred 3 questions regarding the jurisdiction of a High Court to hear trademark rectification applications, to a larger bench. The question that surfaced here was “which High Court shall have the jurisdiction to hear cancellation/rectification petitions under Section 57 of the Trademark Act, 1999 (‘1999 Act’).”

Trademark 105

Trademark Intellectual Property Designs Design 105

Kashishipr

APRIL 27, 2022

With the increase in globalization and cross-border trade, intriguing types of trademarks are trending and have become a crucial tool to signify a company’s identity. Motion Trademarks in India. The most critical aspect that may be subject to the Trademark Protection of a motion mark is the succession of images in the said mark.

Registration 105

Registration Trademark Brands Branding 105

Kashishipr

APRIL 6, 2022

Sound trademarks are widely recognized in developed nations like the United States, and their knowledge is now rapidly growing in developing nations like India. In India, a sound that can be graphically represented by a succession of musical notes with or without words can obtain Trademark Protection.

Registration 105

Registration Trademark Intellectual Property Brands 105

Intellectual Property Law Blog

SEPTEMBER 29, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Conducting an examiner interview to help teach the examiner the novelty of the innovation using terms and definitions that are unique to the technology field.

Technology 130

Technology Trademark Patent Prosecution Patent 130

IP and Legal Filings

JUNE 26, 2023

However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion. Additionally, various judgements by courts have provided no straight jurisprudence regarding protection of numeral trademarks. However, protection to numbers have differed.

Trademark 96

Trademark Fair Use Registration Brands 96

Intellectual Property Law Blog

OCTOBER 4, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. On September 22, 2022, the U.S. Part Two – Landscape of AI in Biotechnology Nicholas Pairolero, Research Economist, USPTO provided an informative landscape of AI in Biotechnology.

Technology 130

Technology Patent Application Trademark Patent 130

IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

Trademark 98

Trademark Registering Trademarks Trademark Law Brands 98

Intepat

NOVEMBER 14, 2022

Trademark Classification. When you file for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you must file your brand. ” The system of trademark classification eases the process of registration of a trademark. .”

Trademark 98

Trademark Registering Trademarks Registration Music 98

IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 98

IP and Legal Filings

MAY 20, 2022

A trademark works as an instrument to claim any sort of mark as your own. There are several kinds of trademarks in India that are eligible for registration the Trademarks Act 1999. Certainly, you become the possessor of a lot of perks both legal and social that come along with getting your trademark registered.

Trademark 97

Trademark Service Mark Registration Registering Trademarks 97

IP Tech Blog

MARCH 21, 2022

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. Trademark Applications Subject to the Measures. Use e-filing.

Trademark 109

Trademark Intellectual Property Intellectual Property Management IP 109