Kashishipr

MARCH 2, 2022

No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark. Furthermore, it will also never enforce your trademark rights on your behalf. It implies that the onus lies with the trademark holder to prevent others from infringing upon his trademark rights.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

Patent Trademark Blog

APRIL 7, 2022

What may have been unimaginable years ago has become a genuine concern for trademark owners who care about the virtual world. Yes, you can register trademarks for virtual goods with the USPTO. How do you trademark in the metaverse? How do you trademark in the metaverse? First, specify the mark.

Registering Trademarks 52

Registering Trademarks Trademark Branding Branding 52

Erik K Pelton

AUGUST 20, 2024

Errors have the potential to limit or jeopardize a brand owner’s trademark rights; result in a voided application; delay the application process; or result in the loss of non-refundable USPTO filing fees. When a brand owner registers the words, the ® can be used whenever those words are used—in text, in logos, and more.

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Registration Trademark Branding Branding 130

IP Tech Blog

FEBRUARY 1, 2024

Trademark and registered design portfolio It goes without saying: maintaining a comprehensive trademark portfolio is key. For every successful brand, it is critical to properly protect and to productively develop and use the underlying intellectual property (IP) in that brand to ensure its long-term growth.

Branding 101

Branding Branding Brands Social Media 101

Erik K Pelton

APRIL 24, 2023

Non-traditional trademarks include sounds, sense, motions, lighting, colors, and more. Essentially, things that are not made up of logo designs or words. I want to focus on color trademarks. The brown color used by UPS is a registered trademark. For instance, the magenta of T-Mobile is a registered trademark.

Trademark 130

Trademark Registering Trademarks Branding Branding 130

Patent Trademark Blog

NOVEMBER 30, 2023

Rejected Trademark Application? 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? Having difficulty trademarking your brand?

Design Patent 52

Design Patent Designs Design Trademark 52

IAM Magazine

SEPTEMBER 29, 2022

On 2 June 2022, data from the Chinese Patent Office showed that a Renault SAS design patent (ZL202130363449.5) with the name “Automobile” was declared as invalid in its entirety for conflict with a registered trademark owned by Human Horizon, who filed the invalidation action.

Design Patent 52

Design Patent Designs Design Trademark 52

IAM Magazine

SEPTEMBER 29, 2022

On 2 June 2022, data from the Chinese Patent Office showed that a Renault SAS design patent (ZL202130363449.5) with the name “Automobile” was declared as invalid in its entirety for conflict with a registered trademark owned by Human Horizon, who filed the invalidation action.

Design Patent 52

Design Patent Designs Design Trademark 52

Kashishipr

MAY 4, 2022

Have Proper Symbols of Trademark Registration & Ownership. If you don’t have a Registered Trademark in place but a good faith belief concerning you owning a mark exclusively, you should use the ‘TM’ symbol with your mark. It informs the customers that you consider yourself the mark’s rightful owner.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

43(B)log

MARCH 10, 2023

The highway protocol allegedly suffered from performance issues and never met the design requirements that Zamfir had previously advertised when working with CasperLabs on the product, thus allegedly harming his reputation. Those injuries didn’t come from the alleged infringement.

Registering Trademarks 45

Registering Trademarks Trademark Registration Ownership 45

Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

Design Patent 52

Design Patent Designs Design Patent Application 52

Plagiarism Today

OCTOBER 26, 2021

First, design elements that are “physically or conceptually separate” from the article can be protected. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright.

Copyright 252

Copyright Trademark Cease and Desist Copying 252

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. It further added that an individual could either own a registered trademark or copyright but not both.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute. Ltd vs Google India Pvt.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

SpicyIP

OCTOBER 21, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on the DHC’s decision regarding consumer confusion in “Hush Products”, US antitrust case against numerous publishing houses, strategy to register trademarks in grayscale, and DHC’s decision on claim amendments.

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Settlement 105

Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Apart from designer clothes, this year also saw the debut of new signature colours of two beloved luxury brands-Burberry and Gucci. Gucci currently has 29 registered trademarks in the EUIPO alone.

Trademark 98

Trademark Branding Branding Brands 98

IP Tech Blog

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

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. The Trade Mark [sic] Act is not an act to register words but to register trademarks.

Trademark 94

Trademark Registration Service Mark Designs 94

Kashishipr

JUNE 1, 2022

For every business or brand owner at present, the design of a product has become a crucial concern, and why won’t it be, after all, “A thing of beauty is a joy forever.” ” The unique design of a product, such as that of Mini Cooper and Coca-Cola, forms brand identity. Infringement of Industrial Designs .

Designs 45

Designs Design Registration Contracts 45

Garrigues Blog

JULY 27, 2021

This time, we will take a look at other equally important branches of IP that are covered by the report: trademarks, industrial designs and creative industry (publishing). Trademarks. WIPO’s report revealed that trademark applications continued to grow worldwide in 2019 – this time by 5.8%. Industrial designs.

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

The IPKat

MAY 11, 2024

Why does the patent use a different name from the registered trademark? These denominations cannot be registered as trademarks - for example, under Article 7.1(m) You wouldn't know it from the recent press releases, but the patent specification indicates that the name of the variety is actually ‘Vintage Ruby’.

Trademark 109

Trademark Registering Trademarks Marketing Marketing 109

Kashishipr

AUGUST 25, 2021

Ferrari registered the trademark to protect the shape of its 250 GTO model back in 2008, despite only having manufactured the cars between 1962 and 1964. Ares Design, an Italian car manufacturer, filed a cancellation action against Ferrari’s mark by arguing that it had not been used for a continuous five-year period.

Editing 105

Editing Law IP Designs 105

Patently-O

DECEMBER 20, 2022

I think of these generally as “smart wallets” but I learned today that the company Storus has a registered trademark for that term. In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. What should I call them now?

Art 124

Art Branding Branding Brands 124

SpicyIP

SEPTEMBER 6, 2021

Delhi High Court entrance. A Bangalore District Court in P Kanthilal v.

Inventor 113

Inventor Designs Design Trademark 113

Patent Trademark Blog

JULY 7, 2021

How will a design mark application be compared to a word mark registration? To register a trademark containing numbers and/or letters, a trademark application may typically be filed for the word mark (standard characters) or the design mark (e.g.,

Registration 40

Registration Designs Design Graphic Design 40

JD Supra Law

DECEMBER 2, 2021

Granting the defendant’s 12(b)(6) motion to dismiss, By: Ladas & Parry LLP

Designs 52

Designs Design Registering Trademarks Trademark 52

IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co.

Cease and Desist 105

Cease and Desist Branding Branding Brands 105

IP Law 360

JULY 22, 2024

Public relations firm Multiply on Monday accused Elon Musk's social media platform of ripping off its stylized "X" logo to create a substantially similar design, despite knowing Multiply already has a registered trademark, according to an infringement lawsuit in California federal court.

Social Media 52

Social Media Registering Trademarks Designs Design 52

Kashishipr

NOVEMBER 2, 2022

However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid. Firstly, it is imperative to understand what a trademark is and how it differs from other forms of Intellectual Property (IP). Exclusive Trademark Rights for Trademark Owners in India.

Registration 52

Registration Registering Trademarks Trademark Cease and Desist 52

Patent Trademark Blog

MAY 15, 2023

Amazon sellers need to understand the importance of choosing a brand name for Amazon seller account that, when filed as a trademark application, will present the lowest risk of rejection by the Trademark Office. Need a registered trademark to maximize full benefits of Amazon Brand Registry?

Branding 97

Branding Branding Brands Trademark 97

SpicyIP

AUGUST 2, 2021

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts. In a guest post , Yashi Agrawal writes about India’s recent accession to the Locarno Agreement and its implications for India’s design laws. Fonts and Typefaces: Are they Copyrightable? July 29, 2021].

Reporting 116

Reporting Designs Design Copyright 116

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. “

Trademark 96

Trademark Registering Trademarks Trademark Law Branding 96

JD Supra Law

MARCH 3, 2023

A trademark can be any word, phrase, symbol, design, or a combination of these features that helps differentiate your goods or services from others. By: Tucker Arensberg, P.C.

Branding 56

Branding Branding Brands Business 56

SpicyIP

NOVEMBER 3, 2024

Dabur India Limited vs Bhagwati Udyog on 7 October, 2024 (Delhi District Court) Image from here The Plaintiff sought permanent injunction restraining the defendant from infringing and passing off its registered trademark “GULABARI” by selling rose water under the deceptively similar mark “AAYUSH GULABARI.” Koninklijke Philips N.V

Trademark 105

Trademark Registering Trademarks Personality Rights Copying 105

The TTABlog

JUNE 1, 2022

The Marks: The Board found BREWSKI to be the dominant element in the cited mark; the disclaimed term BROTHERS acts as a familial designation having no source identifying significance. note: I believe PING-PONG is a registered trademark; should the term "table tennis" be used instead?], In re P&P Imports LLC , Serial No.

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Registering Trademarks Registration Designs Design 111

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A). 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

Indiana Intellectual Property Law

NOVEMBER 29, 2024

The complaint focuses on the use of marks by Hyk that Hiker claims are confusingly similar to its own registered trademarks. Hiker has been in the business of designing and manufacturing customizable trailers for over a decade, earning a reputation for quality and durability.

Trademark 52

Trademark Registering Trademarks Designs Design 52