IP and Legal Filings

MAY 18, 2023

Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.

Design 90

Design Designs Art Trademark Law 90

Patently-O

FEBRUARY 3, 2023

The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

Registration 128

Registration Trademark Social Media Designs 128

Patently-O

FEBRUARY 7, 2022

WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its design patent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. design patent system.

Design Patent 144

Design Patent Designs Design Patent 144

IP and Legal Filings

JULY 11, 2024

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.

Registration 89

Registration Trademark Reporting Government 89

azrights

JUNE 7, 2022

If you design IP protection into the business through your agreements, choice of brand name and other identifiers you strengthen your position against the most common and damaging forms of copying in business. Although I engaged a designer for my “branding”, all I essentially got from the expensive exercise was a logo, and a website.

Marketing 59

Marketing Marketing Business Design 59

IP and Legal Filings

JUNE 8, 2022

The Designs Act is an act that protects one of the most significant Intellectual Property Rights of a person. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. The Designs Act, 2000 is one such act.

Design 93

Design Designs Registration Intellectual Property 93

Kashishipr

JANUARY 19, 2022

The role that trademarks play in the marketing of a brand can help us unwind what commercial players and business houses should consider in the development of their brand marketing strategies to best incentivize their assets for better returns. How Does a Trademark Help in the Marketing of a Brand?

Marketing 105

Marketing Marketing Trademark Brands 105

The IPKat

NOVEMBER 7, 2021

In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). In August, Advocate General (AG) Øe advised the Court to answer that partial designs may indeed be protected under UCD rights.

Design 145

Design Designs Art Registration 145

IP and Legal Filings

JUNE 14, 2023

A trade name often is designated by the term “doing business as,” “trading as,” or “operating as” to make this distinction from the legal name. The expenses associated with trademark registration pale in comparison to this. For a marketer, a brand is what represents the values of a company and aims to create awareness and trust.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

LexBlog IP

SEPTEMBER 18, 2023

Dubai’s luxury real estate market has witnessed a remarkable boom, attracting investors and high-net-worth individuals from all corners of the world. Mandatory Registration and Validity of Dispositions: Dubai Law No. 7/2006, as amended by Dubai Law No. 7/2019, lays down the foundation for property transactions in Dubai.

Marketing 52

Marketing Marketing Due Diligence Registration 52

The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

Design 67

Design Designs Registration Intellectual Property 67

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.

Design 57

Design Designs Blogging Registration 57

The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. Since both parties rely on issued registrations, priority was an issue in this proceeding. How do you think this came out?

Design 67

Design Designs Registration Service Mark 67

Intepat

SEPTEMBER 3, 2024

Trademarks are valuable IP assets, but the manual registration process may seem inefficient with AI revolutionizing this landscape by employing advanced tools, automating key steps from search to examination.

Registration 52

Registration Trademark Brands Branding 52

SpicyIP

JUNE 26, 2022

The Finished Article: Essays on Indian Designs Law. I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173). Eashan Ghosh. Both have historically been the site of some confusion.

Design 132

Design Designs Law Intellectual Property 132

Biswajit Sarkar Copyright Blog

AUGUST 11, 2022

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.

Design 52

Design Designs Registration Marketing 52

The IPKat

MARCH 14, 2023

Designs are meant to protect the appearance of a product or a part thereof. 6/2002 (‘Design Regulation’) stipulates:-- A Community design shall not subsist in features of appearance of a product which are solely dictated by its technical function. The existence of other design alternatives was considered irrelevant.

Design 84

Design Designs Art Registration 84

Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers. Vidal (4th Cir.

Design 74

Design Designs Cease and Desist Design Patent 74

Garrigues Blog

OCTOBER 22, 2024

One of the main characters is Pierre Cadault , a haute couture fashion designer who has become one of the icons of the series. Viacom argued that the goods were used in the market on merchandising for young people: the main target of the series. Bad faith in filing the application The concept of bad faith is crucial in this case.

Trademark 52

Trademark Registration Intellectual Property Social Media 52

Intepat

MAY 29, 2024

” The “Claiming User Date” category pertains to trademarks that are already in use by the applicant in the market, while the “Proposed to be Used” category applies to trademarks or service marks that are for future use. This makes the Trademark User Affidavit an indispensable document in the registration process.

Registration 52

Registration Trademark Advertising Advertising 52

The TTABlog

DECEMBER 1, 2023

Global Commodities petitioned for cancellation of a registration for the mark shown below left, claiming likely confusion with its registered mark shown below right, both for "rice." The Board found petitioner's "fawn" design mark to be inherently distinctive. Capital Distributors, LLC and Capital Imports, LLC. Cancellation No.

Design 70

Design Designs Registration Marketing 70

Patent Trademark Blog

NOVEMBER 30, 2023

Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Trademarks typically refer to words or logos which can be displayed on products, packaging or marketing materials.

Design Patent 52

Design Patent Design Designs Trademark 52

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.

Design 52

Design Designs Registration Blogging 52

The IPKat

AUGUST 17, 2022

The quest for practical and entertaining cases often raises various dilemmas with companies: they are forced to come up with new and quirky solutions in an ever-growing competitive market where children are also in focus. The applicant maintained its request for registration.

Registration 90

Registration Designs Design Marketing 90

Patently-O

NOVEMBER 21, 2022

The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market. With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. Here, however, Federal Registration serves as prima facie evidence of validity.

Design 75

Design Designs Registration Trademark 75

Technology & Marketing Law Blog

JULY 9, 2023

The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). The post European IP Office Denies Trademark Registration for “I Love You” Emoji ?

Registration 92

Registration Trademark IP Advertising 92

The IPKat

FEBRUARY 29, 2024

In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims.

Designs 60

Designs Design Registration Intellectual Property 60

The IPKat

MAY 16, 2023

The threshold for design protection in the EU is low. The design must be new and have individual character ( Art. 4(1) Community Design Regulation , ‘CDR’). The purpose of this grace period is to allow the designer or its successor to test the products in which the design is embodied in the market ( Recital 20 CDR ).

Designs 90

Designs Design Art Registration 90

The TTABlog

APRIL 17, 2024

Citing Wal-Mart , the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier." That same principle applies to trademark registration. The Court observed that "[a] party seeking to establish secondary meaning in a product design bears a 'formidable burden of proof.'"

Design 62

Design Designs Advertising Advertising 62

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Garrigues Blog

SEPTEMBER 7, 2021

Whether or not these types of products or components can be protected as industrial designs must be addressed case by case. The legal protection of industrial designs mainly covers aesthetics, the specific shape or aesthetic configuration of a product. Specifically, article 4.2 of Regulation 6/2002. of Regulation 6/2002). Article 4.3

Design 90

Design Designs Intellectual Property Registration 90

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj &Ors, [Civil Suit No. 344/2018]. [6] 344/2018]. [7]

Marketing 96

Marketing Marketing Trademark Registration 96

IP and Legal Filings

JULY 9, 2024

This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand. Descriptive marks may sometimes be protected, in case they have become distinctive as a result of repeated use and being recognized in the market by consumers.

Trademark 94

Trademark Registration Brands Branding 94

Biswajit Sarkar Copyright Blog

SEPTEMBER 18, 2023

A design is that aspect of a product that constitutes its ornamental or visual features. An Industrial Design (ID) may be deemed as a process of designing a product that focuses on the functionality and manufacturability of the product apart from just the appearance of it. HOW IS AI RESTRUCTURING THE INDUSTRIAL DESIGN MARKET?

Design 52

Design Designs Intellectual Property Law Artistic Work 52

The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. If this qualifying criterion were to be relinquished, design law would ultimately become obsolete. This is the price for the fact that the author can and should create completely without purpose.

Copyright Law 75

Copyright Law Art Design Designs 75

The TTABlog

JUNE 26, 2024

It sought cancellation of a registration for the mark PREDATOR & Design , issued in 2017, for soft drinks and energy drinks made with natural ingredients, claiming lack of bona fide intent and abandonment. The registration was blocking Monster's application to register PREDATOR for energy drinks, soft drinks, and sports drinks.

Design 70

Design Designs Registration Social Media 70

LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 7 This is the seventh in a series of posts about the benefits of having your trademark registered. Trademark registration aids in building a cohesive brand identity. Consistent Visual Identity Trademark registration solidifies your brand’s visual identity.

Branding 40

Branding Branding Brands Registration 40