IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] 2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks.

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IP and Legal Filings

NOVEMBER 7, 2024

But what, exactly, is a trademark and why does it matter? Below is a simple guide to India’s trademark system. What is a Trademark? Trademark refers to any sign, logo, word, phrase, or design that identifies and distinguishes the source of goods or services from others in the market.

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azrights

NOVEMBER 17, 2021

Hence Pizza Hut is also a registered trademark. This combination of words with Pizza are sufficiently distinctive to qualify as trademarks, although these registrations do not stop other brands from using the words Hut or Express in their brand names. The post Distinctiveness in Trademark Law appeared first on Azrights.

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Trademark Law Trademark Law Branding 52

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. Accordingly, without deciding the functionality issue, the district court’s judgment is AFFIRMED.

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Intepat

MAY 29, 2024

This blog delves into the essentials of trademark user affidavits, highlighting their significance, the information they must contain, and best practices for drafting them to ensure a successful registration process. This makes the Trademark User Affidavit an indispensable document in the registration process.

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Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. It further added that an individual could either own a registered trademark or copyright but not both. The rights granted in general under the Trademarks Act of 1999 and the Copyright Act of 1957 are completely different. Bombay High Court’s Decision

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Registration Artistic Work Copyright Registering Trademarks 98

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. Taking advantage of the hype around the series, a third party registered the character’s name as a trademark on March 31, 2023, over two years after the series had premiered.

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Trademark Registration Intellectual Property Social Media 52

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. Some Other Crucial Aspects to Keep in Mind.

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Registration Registering Trademarks Trademark Cease and Desist 52

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. But what rights do you have to what it creates for you?

Designs 52

Designs Design Trademark Copyright 52

The IPKat

FEBRUARY 8, 2023

Kat friend Latha Nair reports on an interesting decision from India on the registrability of two marks--SWISS MILITARY and design, and the word mark SWISS MILITRY. The marks are prohibited under this section as they bear indications (‘SWISS MILITARY’ and the red-and-white cross) designating Swiss origin.

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Registration Trademark Intellectual Property Designs 98

IP and Legal Filings

FEBRUARY 26, 2022

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. Additionally, letter marks have an aspect of pronouncability.

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Registration Trademark Trademark Law Business 52

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.

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Registration Blogging Copyright Designs 85

43(B)log

JUNE 24, 2022

U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v. Much of the law is a collection of rules of thumb from registration context. Hard to think coherently about TM status without thinking about registration v. Profound question for US law.

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Trademark Law Law Trademark Registration 75

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.

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IP and Legal Filings

SEPTEMBER 12, 2024

FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. 2] Adidas vs. The lawsuit raised an understanding of the value of enduring trademarks and the perils of “knock-off” designs.

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The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

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The IPKat

MAY 30, 2023

Belgian waffle Kat The IPKat is pleased to inform readers that the 'GRUR meets Brussels' conference is returning on 13 June 2023 and IPKat readers are entitled to receive a 30% discount in the registration fee. To claim the discount, readers should email Sandra von Lingen ( s.vonlingen@grur.org ) and use "IPKAT" in the subject-line.

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Intellectual Property Intellectual Property Law Design Designs 67

SpicyIP

SEPTEMBER 16, 2024

This decision thus raises questions about the scope of powers granted under the state’s excise laws and their intersection with trademark law. For clarity, it is important to know that Rule 9 of the MP Foreign Liquor Rules focuses on the registration of labels.

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Trademark Law Intellectual Property Registration IP 74

azrights

OCTOBER 27, 2023

Lacoste vs Crocodile International Once an identifier is created and registered as a trademark you risk losing the registration if you don’t use it in the form in which it was registered. Crocodile International noticed that Lacoste wasn’t using the design it had registered and applied to revoke Lacoste’s trademark for non-use.

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Intepat

JUNE 17, 2024

Trademark law underwent substantial changes, both multilaterally and regionally. The Paris Convention established the beginning of the international trademark system, and the Paris Union was expanded by a distinct union which is collectively known as the Madrid system. Allows payment of one set of fees.

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Registration Designs Design Trademark 52

Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Therefore, we can say that failing to safeguard your registered trademark adequately would lead you at risk of forfeiting your exclusive rights.

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Registering Trademarks Trademark Registration Trademark Law 105

Kashishipr

DECEMBER 15, 2021

” The emphasis of the case was whether the design of the Defender had “inherent or acquired distinctiveness.” The trademark was registered for a 3D shape of 250 GTO in three classes: Class 12 (Vehicles), Class 25 (Clothing), and Class 28 (Games and playthings). Registration took two years. Key Takeaways.

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Trademark Intellectual Property Registration Design 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. ’ Common or generic terms are usually not protected under trademark law.

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Trademark Registration Branding Branding 105

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. Since fashion designers, textile manufactures, apparel companies and artists produce creations of the human intellect, Intellectual Property Rights play a significant role in the fashion industry. dollars in the USA.

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Designs Design Artistic Work Technology 85

LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. Learn more about Trademark law for board games and Trade Dress protection.

Design Patent 52

Design Patent Intellectual Property Design Designs 52

Selvam & Selvam Blog

JULY 29, 2024

Double/Multiple Priority: Double or multiple priority refers to a situation in trademark law where an applicant claims priority from more than one earlier trademark application or registration in a single claim when filing a new application in another jurisdiction. For instance, ABC, Inc., For instance, ABC, Inc.,

Trademark 52

Trademark Design Designs Registration 52

IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

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Law Designs Design Trademark 62

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].

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Law Branding Branding Brands 98

azrights

MAY 3, 2022

Brand Tuned was a difficult book to write because although I had dealt with trademark registration and brand protection work, and had explored the concept of brand in my Legally Branded book, I didn’t have a deep understanding of it. Focus on Trade Mark Registration. This has many undesirable consequences.

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Branding Branding Brands Registration 119

IIPRD

AUGUST 27, 2022

The instant order of the General Court proves wrong the false assumptions that the shape mark is dead under the trademark law based on the doctrine of aesthetic functionality. trademark law which was later borrowed and adopted in a more limited sense in the European trademark law.

Trademark Law 52

Trademark Law Registration Marketing Marketing 52

SpicyIP

JANUARY 23, 2023

Delhi High Court sets aside the cryptic order passed by the Respondent, directs to consider the matter afresh Case: Alfred Von Schukmann vs The Controller General Of Patent, Designs and Trademarks and Ors. The Defendant argued that the suit design was published prior to the date of registration under a different trade name.

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Designs Design Invention Registration 105

Intepat

OCTOBER 16, 2024

Overview of Major International IP Treaties The realm of Intellectual Property (IP) is inherently global, as the creations it protects—such as inventions , literary and artistic works , designs , and trademarks —often transcend national borders. It provides a framework for the protection of patents, trademarks, and industrial designs.

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IP Law Intellectual Property 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.

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Cease and Desist Branding Branding Brands 105

The IP Law Blog

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. The registration procured by Ohio State covers t-shirts, caps, and hats. With that in mind, we can return to the significance of this registration.

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Trademark Registration Intellectual Property Television 97

SpicyIP

APRIL 4, 2022

They claimed that in March 2020, the defendant launched a syrup/sharbat ‘Dil Afza’ with a mark, get-up and design deceptively similar to that of the plaintiff’s. The defendant, on the other hand, argued that they had filed for registration of their mark ‘Dil Afza’ in 2018, claiming that the same has been in use since 1949.

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IP and Legal Filings

AUGUST 11, 2023

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] 4] Second, the qualification for registering a trademark, both traditional and non-traditional, essentially remains the same.

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Trademark Registration Intellectual Property Intellectual Property Law 93

The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” It certainly is not the way you “get” a trademark. In the U.S.

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Trademark Registration Trademark Law Business 62