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

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

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

Editing 105

Editing Law IP Designs 105

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 98

Trademark Registering Trademarks Trademark Law 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. 57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.”.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

SpicyIP

NOVEMBER 18, 2024

Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark Reportedly, Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of it’s workers. The Court noted the expiration of the license and the respondents’ registered trademark rights.

Trademark 105

Trademark Cease and Desist Music Copyright 105

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) Unlike PVR law, however, trademark law imposes no obligations to maintain a direct link between a name and a plant.

Trademark 110

Trademark Registering Trademarks Marketing Marketing 110

SpicyIP

DECEMBER 2, 2024

Samridhi Chugh and Manya Gupta write about this order, explaining how the Court appears to have convoluted the issues surrounding the interplay between trademarks, disparagement, and free speech, rather than clarifying them. It involved the plaintiff’s registered trademark, “SUPREME”. In this post by Kartikeya S.,

Invention 52

Invention Trademark Reporting Editing 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 Brands Branding Branding 105

IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Brands 98

Brands Branding Branding Trademark 98

Kashishipr

DECEMBER 15, 2021

The High Court upheld the UKIPO’s decision – that while the shape may seem significant and distinct to automobile enthusiasts, it “may be unimportant, or may not even register, with average consumers.” Another car company, ARES Design, announced its plans to bring a modern take on the classic 250 GTO model in 2018.

Trademark 105

Trademark Intellectual Property Registration Designs 105

Intepat

DECEMBER 21, 2021

Is the Trademark Act applicable to QR Codes? As Trademark Law only protects elements that allow the public to easily identify the goods and services, such as names, logos, slogans, sounds, or colours, QR codes cannot be trademarked on their own. Judicial Decision.

Trademark 98

Trademark Intellectual Property Registering Trademarks Brands 98

Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid. Exclusive Trademark Rights for Trademark Owners in India.

Registration 52

Registration Registering Trademarks Trademark Cease and Desist 52

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

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

Law 105

Law Brands Branding Branding 105

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. Yet, some proprietors seek to register common phrases or words for their products and services.

Trademark 105

Trademark Registration Brands Branding 105

IP and Legal Filings

MARCH 11, 2025

Within this framework Sections 47, 57, and 124 of the Trademarks Act, 1999 have an essential role to play as they together form a triad giving a guideline for coming up with laws effective in different circumstances to cancel, rectify or subject to procedure trademarks.

Trademark 52

Trademark Registration Litigation Trademark Law 52

IP and Legal Filings

DECEMBER 17, 2024

The Trademark law in India, known as Trade Marks Act, 1999, comes into force according to the rules established under the International Principles laid down in TRIPS (Trademark-Related Aspects of Intellectual Property Rights Agreement).

Trademark 52

Trademark Brands Branding Branding 52

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

Trademark 52

Trademark Designs Design Marketing 52

IP and Legal Filings

MARCH 5, 2024

Cybersquatting is another type of trademark infringement. 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.

Trademark 98

Trademark Social Media Advertising Advertising 98

Intepat

APRIL 23, 2025

However, without the establishment of trademark rights, this valuable intangible asset remains susceptible to unauthorized exploitation. In India, trademarks are governed in accordance with the Trade Marks Act, 1999. Prompt and decisive action against potential infringers is crucial for brand protection.

Music 52

Music Brands Branding Branding 52

azrights

OCTOBER 27, 2023

Crocodile International noticed that Lacoste wasn’t using the design it had registered and applied to revoke Lacoste’s trademark for non-use. This broad argument that any use of a crocodile design was use of the registered crocodile trademark was rejected out of hand by the court.

Trademark 52

Trademark Brands Branding Branding 52

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

azrights

MAY 3, 2022

Yet lawyers’ role in the process is marginal, limited to doing clearance searches and registering trademarks if they’re ever consulted at all. Designers and marketers, on the other hand, advise on brand strategy but because they are not trained in IP, they don’t take account of IP as part of the brand strategy. .

Brands 119

Brands Branding Branding Registration 119

SpicyIP

SEPTEMBER 11, 2023

This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Plus, I argue that the liability of such an agent should be analogized with legal practitioners for which we already have sound jurisprudence and laws regarding professional conduct.

Government 105

Government Trademark Patent Patent Application 105

IP Tech Blog

MARCH 23, 2022

There is a surging number of new applications submitted to the EUIPO, the UKIPO and the USPTO seeking to register trademarks for use of their brand in virtual reality. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

Trademark 57

Trademark Brands Branding Branding 57

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. Likewise, it makes no sense for a company not to have a firm understanding of its potential intellectual property assets.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This Act does not explicitly specify the inclusion or exclusion of personal names or surnames for trademark protection. The guiding norm in trademark law stipulates that a name or surname lacks eligibility for protection unless it carries distinctive characteristics.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party.

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

LexBlog IP

MARCH 23, 2022

There is a surging number of new applications submitted to the EUIPO, the UKIPO and the USPTO seeking to register trademarks for use of their brand in virtual reality. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

Trademark 52

Trademark Brands Branding Branding 52

Garrigues Blog

NOVEMBER 15, 2021

Often, during scrutiny and examination of an intellectual property portfolio, trade names will be found among the trademarks. It is not uncommon when reviewing a client’s intellectual property portfolio to find distinctive signs which in Spain are protected by trade names rather than trademarks. In particular, article 7.1

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

The TTABlog

JANUARY 26, 2023

Patent and Trademark Office (USPTO), and if the trademark they want is “available” some nice person at the USPTO will “grant” it to them. It certainly is not the way you “get” a trademark. trademark law that trademark ownership arises from using a chosen mark in offering and providing goods or services to the public.

Trademark 49

Trademark Registration Trademark Law Business 49

SpicyIP

OCTOBER 16, 2024

Registering trademarks in grayscale (black-and-white) is a typical legal strategy (as suggested here , here , here , here and here , among others) adopted by enterprises to secure broader legal protection against potential instances of infringement.

Trademark 105

Trademark Registration Brands Branding 105

43(B)log

JANUARY 27, 2023

Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book.

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

LexBlog IP

APRIL 19, 2023

There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents. Utility patents protect functional aspects of a product, and design patents protect the appearance of a product. The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Corsearch

AUGUST 30, 2023

Who is a trademark applicant? Anyone who applies for a registered trademark. A trademark which is a combination of a word mark and a figurative mark, for example a text with a particular design (logotype), or the combination of a logotype and and a logo. What is a common-law trademark?

Trademark 52

Trademark Registration Registering Trademarks Designs 52

Intepat

JUNE 17, 2024

Although there are many well-known marks in the industry, registering marks is a vital process for businesses to safeguard their brand identity and intellectual property and to obtain exclusive rights over them. Trademark law underwent substantial changes, both multilaterally and regionally. Allows payment of one set of fees.

Registration 52

Registration Designs Design Trademark 52