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

OCTOBER 6, 2022

GIs are protected under the Trademarks Law as collective or certification marks, the Pyidaungsu Hluttaw Law No. Two protection systems of geographical indication’s products are registration system and non-registration system. Who can apply for GI registration? 3, which is enacted on 30 January 2019.

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Registration Trademark Law Intellectual Property Trademark 52

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2022

Statutory protection of trademark rights in India is administered by the Office of the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion, under the Ministry of Commerce and Industry. Conclusion.

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IP and Legal Filings

OCTOBER 4, 2022

Patents (including utility models) are protected through registration with the UAE Ministry of Economy, Intellectual Property Protection Department (IPPD) and/or through the Gulf Co-operation Council (GCC) Patent which is administered by the GCC Patent Office in Riyadh, Saudi Arabia, and governed by the GCC Patent Law.

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Intellectual Property Law Business Designs 52

Velocity of Content

JULY 26, 2022

In contrast, trademarks in the United States —in some instances referred to as service marks or trade names—are created by use by a person “in commerce”; technically, no government approval is required. federal government did so (see 15 U.S. Patent and Trademark Office).

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LexBlog IP

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.

Law 52

Law Designs Design Trademark 52

LexBlog IP

APRIL 10, 2023

For example, the United States Patent and Trademark Office (USPTO) is responsible for rules governing federal trademark registration for product and service identification and for issuing patents to inventors, regardless of where the business is located.

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Intellectual Property Intellectual Property Law Registration Trademark 52

Intepat

MAY 24, 2023

More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. More and more countries have signed up to this unique international trademark registration system. The Agreement is the legacy but it is the Protocol that’s the treaty of the future.

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Registration Trademark Intellectual Property Reporting 52

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. Image Source: IStock].

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Trademark Contracts Intellectual Property Registering Trademarks 52

LexBlog IP

SEPTEMBER 13, 2023

trademark holders to stay updated. 37 CFR Part 6 is a specific section within the Code of Federal Regulations that governs the classification of goods and services for the purposes of registering trademarks under the U.S. Trademark Act. trademark classifications. As a signatory to the Nice Agreement, the U.S.

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Trademark Intellectual Property Editing Registration 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.

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Intepat

JUNE 25, 2024

However, as the contemporary industry and commerce progressed, consumers began associating trademarks with the quality of products and services. When establishing a license agreement for brand extension, it is important to have explicit requirements for the packaging design and presentation of the brand name.

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Licensing Trademark Branding Brands 52

IP and Legal Filings

OCTOBER 23, 2023

Firstly, the basic step towards protecting trademarks in online marketplaces is to register them with the Trademark Registry. The registration of trademarks provides legal protection and remedies in case of infringement. Secondly, The Indian laws need to be updated to provide for online enforcement of trademarks.

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Marketing Marketing Trademark Registration 88

The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

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Designs Design Trademark Branding 52

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. opposed the registration of a logo of pear by Prepear for being similar to its Apple logo. A widely discussed example was when Apple Inc.,

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Cease and Desist Trademark Due Diligence Intellectual Property 40

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.

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Designs Design Trademark Cease and Desist 52

LexBlog IP

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” The test turns upon the primary significance that the term would have to the relevant public.

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Designs Design Branding Brands 40

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v.

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Trademark False Advertising Advertising Advertising 138

43(B)log

FEBRUARY 19, 2022

In general, the content of noncommercial speech may be regulated only to further a compelling government interest, and the regulation must be narrowly tailored and the least restrictive means of accomplishing that compelling interest. The 9th Circuit in Bosley v. Kremer, the 4th in Radiance Foundation v.

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Trademark Law Trademark Art Branding 72

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

IP Tech Blog

JULY 10, 2023

The Court held that a “use in commerce” is a “bona fide use of a mark in the ordinary course of trade,” and that the infringing “use in commerce” of a trademark must be domestic and “provides the dividing line between foreign and domestic applications” of the Lanham Act. foreign sales of products for which foreign buyers designated the U.S.

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Trademark Intellectual Property Trademark Law Law 40

LexBlog IP

JULY 10, 2023

The Court held that a “use in commerce” is a “bona fide use of a mark in the ordinary course of trade,” and that the infringing “use in commerce” of a trademark must be domestic and “provides the dividing line between foreign and domestic applications” of the Lanham Act. court forum.

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Intellectual Property Trademark Trademark Law Law 40

The IP Law Blog

MARCH 2, 2021

In Romag , the Court examined whether a plaintiff in a trademark infringement action is required to show that a defendant willfully infringed the plaintiff’s trademark to obtain a profits award. The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C.

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Intellectual Property Contracts Trademark Trademark Law 52

SpicyIP

FEBRUARY 21, 2024

Gian Chand Jain was dealing with a similar issue since in the Design Act, 1911, the Act didn’t define which High Court would have jurisdiction. Yes, defined in sub-section (1) of section 219 of the Government of India Act, 1935 (GOI Act, 1935). The Court in Girdhari Lal Gupta v. However, the Court did not pass a verdict on this issue.

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Trademark Intellectual Property Designs Design 88

Corsearch

AUGUST 30, 2023

Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role. Absolute grounds for refusal of registration are factors within the individual trademark in isolation which hinder registration.

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Trademark Registration Registering Trademarks Designs 52

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

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Trademark Service Mark Intellectual Property Registration 52

SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Durga Trading Corporation was clarified in this case. In Dhiraj Dewani v.

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IP Intellectual Property Copyright Trademark 136

Intepat

MAY 12, 2023

After successful registration, the trademark is considered to be granted and protected in the member states. It establishes an agreement where only a single application plus a prescribed fee is needed to get protection in the designated member states. Under the system, one agent in the home country is enough for registration.

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Registration Branding Brands Branding 52

LexBlog IP

JUNE 21, 2023

§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. But one can expect, now that cert. ” Id. (at at 1165-66).

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Registration Trademark Law Trademark Law 52

Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Now in trademark law, extraterritorial reach is a simple on-off switch: Is there use in commerce or not? In Jack Daniel’s Properties, Inc.

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Blogging Trademark Litigation Law 70

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. courts have denied registration to religious marks as being offensive to other believers or to non-believers. ” But neither the PTO nor U.S.

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Intellectual Property Invention Trademark Copyright 52

SpicyIP

APRIL 30, 2023

On the other hand, the defendants disputed the legitimacy of the assignment deed and the registration of the mark and further tried to discredit the applicant of the mark as a proclaimed offender. Delhi High Court dismisses a rectification petition against the registration granted to “Burger King.” Glenmark to pay USD 87.5

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Confidentiality Trademark Copyright Patent 89

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

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IP Copyright Trademark Intellectual Property 112

Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases. Tam (2017) and Iancu v.

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Registration Trademark Blogging Law 75

IIPRD

JUNE 8, 2024

Abstract In the dynamic realm of the fashion industry, the saying ‘following in someone’s footsteps’ takes on a new dimension, where the replication of designs is not a mere stride but a strategic dance. At this stage, it is pertinent to mention the difference between a knockoff [1] and a counterfeit [2].

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Intellectual Property Designs Design Branding 52

43(B)log

FEBRUARY 3, 2023

Rierson, Trademark Law and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. Is that any different from what we see in other contexts?

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False Advertising Trademark Advertising Advertising 45

43(B)log

NOVEMBER 8, 2023

Trademark: In Jack Daniel’s v. VIP Products, the Court held that it did not need to apply or even decide the validity of a speech-protective limit on trademark law designed to prevent trademark owners from shutting down expressive works that comment on trademarks, known as the Rogers test.

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