IP and Legal Filings

JULY 11, 2024

Geographically Descriptive Terms: It is important to note that trademarks that include words that are geographically descriptive (like names of cities or countries) will not be eligible for registration if they create the impression that the products or services originating from other places are originating from the mentioned geographical location.

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Registration Trademark Copyright Intellectual Property 105

Erik K Pelton

AUGUST 20, 2024

The following is an edited transcript of Chapter 8 of my book video Building a Bold Brand: The Trademark Registration Process: A Long and Winding Road The trademark application process at the United States Patent and Trademark Office (USPTO) is generally long, complex, and full of deadlines. Patience is a virtue. Think it through.

Registration 130

Registration Trademark Brands Branding 130

SpicyIP

SEPTEMBER 8, 2024

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new Industrial Design Search solution. Utilizing computer vision model trained on millions of design images, it raises the bar for image search accuracy. Design searching has been stuck in sand for a long period. For more details, read on below.

Designs 105

Designs Design Registration Marketing 105

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 98

Registration Trademark Reporting Government 98

Plagiarism Today

AUGUST 18, 2022

The system is designed to be navigable by non-lawyers and, instead of a judge and/or jury, the case is heard by a panel of three officers and the entire process is held online. Note: Though there are 100 cases, only 98 have enough information for analysis. Registration Status at the Time of Filing. Here’s a look at what I found.

Copyright 299

Copyright Registration Music Copyright Infringement 299

Indiana Intellectual Property Law

FEBRUARY 13, 2025

7657419 BLUE ABA THERAPY 7657420 BLUE ABA 7657418 BLUE ABA 7654067 THE CA WAY 7645031 RED FOXES INDIANA UNIVERSITY FORT WAYNE 7639224 ULTIMA PRO 7673590 PAVABALL 7654861 LHP 7648052 AWARDMAKERS.NET 7659237 VAPR 7637635 A TICKET $100.00 ADMIT E 2 HOME PRISON GREYHOUNDS … BEYOND THE RACE.

Registration 52

Registration Trademark Business Designs 52

The IPKat

MARCH 25, 2025

There are quite a few punch lines to this question, sadly none has been mentioned in a recent judgment from the General Court involving the design of a light bulb and the interpretation of Art. 7(2) Community Design Regulation (CDR). Liquidleds) obtained registered Community design (RCD) no. Interpretation of Art.

Art 59

Art Designs Design Intellectual Property 59

The IPKat

MARCH 12, 2025

A Kat awaiting weekly IP updates Designs Katfriend Henning Hartwig reviewed the interpretation of Articles 6 and 14 of Regulation 6/2002 (CDR). Marcel Pemsel looked into a recent decision of the German Supreme Court concerning copyright protection for two Birkenstock sandal designs. The survey closes on 1 April 2025.

Intellectual Property 64

Intellectual Property Designs Design Intellectual Property Law 64

IP and Legal Filings

FEBRUARY 8, 2023

Indian Copyright Registration The Indian Copyright Office is similarly confused how to handle such requests. i] Another application, however, was made in which a natural person and an AI again (RAGHAV) were designated as co-authors for another artwork. In this case, the copyright office allowed registration.

Registration 98

Registration Art Copyright Artwork 98

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.

Registration 98

Registration Blogging Copyright Design 98

Patently-O

APRIL 4, 2023

Bertini filed an opposition to Apple’s TM registration which the TTAB eventually dismissed. Note that Apple has substantially moved-on from this issue and redid its logo as shown below using a design-plus-word mark. Meanwhile, Charlie Bertini created his band AppleJazz Band back in 1984 to perform at the AppleJazz festival.

Music 111

Music Registration Trademark Settlement 111

Corsearch

FEBRUARY 28, 2024

With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.

Registration 59

Registration Designs Design Intellectual Property 59

Intepat

MARCH 13, 2025

Architectural designs came to be recognised as a form of intellectual property capable of protection after the 1908 Amendment to the Berne Convention, 1886. This inclusion was crucial in recognising and protecting the rights of architects over their architectural designs and works.

IP 52

IP Designs Design Artistic Work 52

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration 98

Registration Trademark Trademark Law Law 98

SpicyIP

NOVEMBER 3, 2024

The Defendant was alleged to have copied both in name and in design a well known trimmer. The Defendant was also alleged to have identically copied and sold several features of the Plaintiff’s product, shapes, label, trade dress, design, packaging and other descriptive features including copyright. Koninklijke Philips N.V

Trademark 105

Trademark Registering Trademarks Personality Rights Copying 105

SpicyIP

FEBRUARY 4, 2025

In pursuance of its goal to accelerate EV adoption, it developed a new vehicle design and coined the same EZIO. Gensol EV also created a “ezio” logo for the vehicle design and secured a registration of the word mark EZIO on a proposed to be used basis ( Class 12 ) with the Trade Marks Registry.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

SpicyIP

JANUARY 20, 2025

Deepak Gupta & Ors Do trade secrets/confidential information need to have economic or commercial value? The Court held that the appellant cannot prevent the first respondent from registering its mark in Class 9 due to the latters honest and concurrent use since 1977 and prior registration in Class 7 in 1986.

Registering Trademarks 102

Registering Trademarks Trademark Registration IP 102

TorrentFreak

JUNE 28, 2023

When The Pirate Bay launched nearly 20 years ago, its main goal was to become a bastion of free and uncensored information. Registrations Closed to Stop Spam The last sentence is in the past tense, as user registrations were effectively disabled four years ago. New Pirate Bay registrations are not completely automated.

Registration 145

Registration Copyright Designs Design 145

Patently-O

JANUARY 26, 2024

Although the outcome here supports the informational matter doctrine barring registration, the court is clear that political slogans and other informational matter can be protected as trademarks so long as the applicant shows that they actually function as a trademark. The opinion here is more nuanced. See, TMEP § 1202.04(b)

Registration 64

Registration Trademark Service Mark Trademark Law 64

The IPKat

MAY 6, 2024

Determining the informed user and the way the informed user perceives the design of a specific product are important steps in the assessment whether two designs produce the same overall impression. M&T’), applied for registration of the Community design no.

Designs 59

Designs Design Intellectual Property Art 59

Corsearch

FEBRUARY 5, 2024

Introducing Industrial Design Search , the new AI-powered image search tool within TrademarkNow that enables IP professionals to swiftly search potential designs for registration. What is the difference between industrial designs and patents? Why is it important to register your industrial designs?

Designs 59

Designs Design Registration Trademark 59

Intepat

SEPTEMBER 22, 2023

Thus, trademark registration is necessary to protect its unauthorized usage by others. However, trademark registration provides a territorial right, whereby when a trademark is registered in India, the registration provides protection only within India.

Registration 105

Registration Intellectual Property Contracts Trademark 105

IP and Legal Filings

JANUARY 8, 2025

An Insight into the Nexus between Customs and Trademark Laws Trademark laws protect the identity of brands through exclusive rights granted to the owners of registrations. Take an instance, international brands frequently record their trademarks with Indian customs to block the entry of fake products that replicate their logos or designs.

Trademark 59

Trademark Law Trademark Law Intellectual Property 59

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

The IP Law Blog

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. On appeal, the Ninth Circuit disagreed with the district court and ruled that because Unicolors had made a mistake of law in connection with the registration (i.e.

Copyright Infringement 98

Copyright Infringement Copyright Registration Copyright Law 98

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .” per sticker set.

Registration 132

Registration Fair Use Copyright Designs 132

Erik K Pelton

MARCH 26, 2024

The report, which was sent to the judiciary committees of the House and Senate, as well as the Secretary Commerce, notes that the GAO recommends “improving USPTO’s fraud risk management to help address the problem” of registrations that “may include false or inaccurate claims and could be fraudulent.”

Reporting 130

Reporting Technology Trademark Registration 130

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 64

Designs Design Registration Intellectual Property 64

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. Logo designs can be of just graphics or include the text or both graphics as well as text. Here are the main categories of elements that can be registered as trademarks: 1.

Trademark 98

Trademark Registration Brands Branding 98

The TTABlog

SEPTEMBER 16, 2024

The Board affirmed a refusal to register the proposed mark A CHANCE TO LIVE LONGER in the stylized form below, for "Printed matter, namely, brochures and pamphlets in the field of cancer" and for "Medical information services," because Applicant Bristol-Myers refused to disclaim the phrase.

Registration 53

Registration Service Mark Trademark Brands 53

The IPKat

JANUARY 18, 2025

geographical indications), designs, best foreign language/non-English IP book and IP in general (books covering diverse IP rights). More information here. Registrations for online participation are still available here , free of charge. More information here. More information here. Review the new FAQs here.

Intellectual Property 69

Intellectual Property IP Music Reporting 69

SpicyIP

FEBRUARY 24, 2022

We’re pleased to inform you that Centre for Intellectual Property Studies, National Law University, Jodhpur is is inviting submissions from law students for the ‘NLUJ CIPS Inter College IP Research Essay Writing Competition, 2022’ on the theme ‘“IP and Youth: Innovating for a better future’. 20%) will be summarily rejected.

IP 129

IP Intellectual Property Blogging Moral Rights 129

Intepat

NOVEMBER 20, 2023

While copyright protection is inherent, it is noteworthy that the formal registration of copyrights provides additional advantages to the owner or author. In this article, we delve into the intricacies of these advantages and explore the requisite documentation necessary for the effective registration of copyrights.

Registration 52

Registration Copyright Ownership Public Domain 52

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.

Branding 119

Branding Branding Brands Registration 119

The TTABlog

MARCH 11, 2025

Less than one month after oral argument, the Board sustained this opposition to registration of DON'T MESS WITH TEX-MEX for restaurant service, finding confusion likely with the registered mark DON'T MESS WITH TEXAS for paper food containers, paper bags, and cups. First, it is a "aided awareness survey."

Registration 49

Registration Brands Branding Branding 49

Olartemoure Blog

SEPTEMBER 2, 2022

The infractions that the Consumer Protection Office is investigating are the following: the provision of misleading information to consumers; quality failures in the service; abusive clauses; not having PQRS attention mechanisms; and not attending the information requirements made by the authority. Thanks for subscribing! First Name.

Intellectual Property 105

Intellectual Property Registration Business Trademark 105

Intellectual Property Law Blog

MAY 2, 2023

Notice and Explanation : Individuals should be notified regarding when an automated system is being used and provided information regarding how and why the automated system will contribute to outcomes that impact the individual. Like the AI Bill of Rights, compliance with this framework is voluntary but the purpose of the AI RMF 1.0

Government 237

Government Business Licensing Technology 237