The IPKat

OCTOBER 29, 2024

This is a review of “ Designs Law and Practice (3rd Edition) ” by RPC. Formerly published as Sykes: Intellectual Property in Designs, this is a substantially revised and updated new edition which aims to provide a comprehensive but practical reference source for the various IP rights protecting designs, with a focus on the United Kingdom.

Editing 64

Editing Designs Design Law 64

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 89

Registration Trademark Reporting Government 89

LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

Registration 52

Registration Designs Design Public Domain 52

The IPKat

SEPTEMBER 14, 2021

Differences in the treatment of design law across jurisdictions remain a fascinating subject. Kat friend, Dr. Tyrone Berger , reports on what he calls "long-awaited changes" to the design law of Australia. Inadvertent disclosures are often a result of a lack of awareness of the operation of the design system.

Designs 126

Designs Design Intellectual Property Social Media 126

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel. Only the eyes should be used to enjoy the design.

Registration 52

Registration Designs Design Copying 52

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

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel. Only the eyes should be used to enjoy the design.

Registration 52

Registration Designs Design Copying 52

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

TorrentFreak

NOVEMBER 30, 2023

That included those whose names appeared in public WHOIS databases as registrants or owners of domains. “With no one way to request or access such data, it can be difficult for interested parties to get the information they need. . Anyone can make a request, via the system, for certain non-public domain registration data.

Registration 113

Registration Public Domain Privacy Intellectual Property 113

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 56

Designs Design Intellectual Property Art 56

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel. Only the eyes should be used to enjoy the design.

Registration 52

Registration Designs Design Copying 52

The IPKat

NOVEMBER 7, 2021

In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). In August, Advocate General (AG) Øe advised the Court to answer that partial designs may indeed be protected under UCD rights.

Designs 145

Designs Design Art Registration 145

The IPKat

NOVEMBER 30, 2022

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively.

Designs 133

Designs Design Publishing Art 133

LexBlog IP

APRIL 17, 2023

REGISTRATION NOW OPEN – 16 th Annual USPTO Design Day on May 4, 2023 Registration for the 16th Annual USPTO Design Day 2023 has been made available and interested parties can register virtually or in person here. The 16th annual Design Day will be held on May 4, 2023, from 10 a.m.-5

Registration 40

Registration Designs Design Intellectual Property 40

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 67

Registration Service Mark Trademark Branding 67

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 94

Registration Art Copyright Artwork 94

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

Selvam & Selvam Blog

DECEMBER 17, 2022

In a welcome move the Controller General of Patents, Designs & Trade Marks by public notice dated December 16, 2022 eliminated the mandatory requirement of filing physical copies of the forms for filing a design application in India. efiling #designs.

Designs 52

Designs Design Copying Registration 52

Intepat

SEPTEMBER 3, 2024

Trademarks are valuable IP assets, but the manual registration process may seem inefficient with AI revolutionizing this landscape by employing advanced tools, automating key steps from search to examination.

Registration 52

Registration Trademark Branding Brands 52

The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

Designs 67

Designs Design Registration Intellectual Property 67

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 60

Designs Design Registration Intellectual Property 60

The IPKat

JULY 3, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on a brand-new decision issued by the General Court of the European Union on 3 July 2024 in an interesting design case (Case T-329/22). The designer had a wide design freedom. by Henning Hartwig I.

Designs 64

Designs Design Art Law 64

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

Patently-O

APRIL 12, 2024

By Dennis crouch The international IP community is moving toward further harmonizing legal protection for industrial designs. In the US, these are design patent rights. 2] This same issue has arisen in other IP treaty negotiations over the past few decades. [3] The USPTO is currently soliciting public input to help formulate the U.S.

Designs 40

Designs Design Law Registration 40

JD Supra Law

FEBRUARY 25, 2022

held that a copyright registration is valid even though it contains inaccurate information—as long as the copyright holder lacked knowledge that it was inaccurate. H&M Hennes & Mauritz, L.P. Procedural History - H&M sought to invalidate Unicolors’ U.S.

Registration 52

Registration Copyright Designs Design 52

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.

Registration 52

Registration Trademark Advertising Advertising 52

Plagiarism Today

AUGUST 10, 2022

The reason for this is simple, the systems for organizing, registering and enforcing copyrights were, by in large, designed for large copyright holders. The goal at this phase is to get all the necessary information about the work for any of the steps that may be wanted or needed after. However, one company is hoping to change that.

Copyright 311

Copyright Cease and Desist Registration Design 311

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 94

Registration Blogging Copyright Design 94

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 92

Registration Trademark Trademark Law Law 92

The IPKat

MAY 16, 2023

The threshold for design protection in the EU is low. The design must be new and have individual character ( Art. 4(1) Community Design Regulation , ‘CDR’). The purpose of this grace period is to allow the designer or its successor to test the products in which the design is embodied in the market ( Recital 20 CDR ).

Designs 90

Designs Design Art Registration 90

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

Importance of Design Search. A design search is important to ascertain whether the proposed design has been registered or not. The details of the application for design registration are entered in the database of the Design Office. Then, such design applications should not be made.

Designs 52

Designs Design Registration Design Patent 52

The IPKat

NOVEMBER 25, 2024

The court was asked to decide whether the American artist Katy Perry was liable for trade mark infringement and whether the trade mark “KATIE PERRY” registration should be cancelled. Designs Anastasiia Kyrylenko discussed the EU design reform, Regulation (EU) 2024/2822 , and Directive (EU) 2024/2823.

Design 64

Design Designs Art Registration 64

The TTABlog

NOVEMBER 20, 2024

The Board upheld a refusal to register the proposed mark shown below for "first aid kits" [SURVIVAL disclaimed] on the ground that the supposed mark "would be perceived as merely informational matter and thus fails to function as a trademark" for the identified goods. The Board was unmoved. Read comments and post your comment here.

Trademark 48

Trademark Designs Design Registration 48

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 57

Design Patent Designs Design Patent 57

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

Designs 59

Designs Design Design Patent Branding 59

LexBlog IP

JUNE 18, 2023

Patent Practice: Creation of a Design Patent Practitioner Bar by John DeStefano The United States Patent and Trademark Office (USPTO) has proposed a significant change to the rules of practice in patent cases. The Office received a range of comments, both in support of and against the creation of a separate design patent practitioner bar.

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

MAY 25, 2022

What if you were unaware that you made some mistakes in the copyright application and the copyright application issued into a copyright registration? You subsequently find that someone is infringing your copyright registration and you file a lawsuit against them for copyright infringement. Is your copyright registration invalid?

Registration 52

Registration Copyright Copyright Infringement Publishing 52