JD Supra Law

DECEMBER 18, 2024

Effective January 18, 2025, the USPTO will increase government fees for certain trademark and service mark related filings and requests. Fee changes relating to the Madrid Protocol designations at the USPTO and for renewals of WIPO will take effect on February 18, 2025. By: Haug Partners LLP

Trademark 58

Trademark Service Mark Government Designs 58

The TTABlog

OCTOBER 1, 2024

Although the Board usually seems to bend over backwards in favor of law school clinics, this time it found the proposed brief to be "replete with partisan argument," and otherwise did not aid the Board "in resolving any 'doubtful' issues of law concerning Applicant’s motion for partial summary judgment."

Law 64

Law Registration Advertising Advertising 64

Velocity of Content

JULY 26, 2022

Both copyrights and patents are creatures of federal law in the United States; that is, a patent does not exist until it is issued by the U.S. On the other hand, as a practical matter, trademark owners and a lot of trademark law treat trademarks – mostly, but not entirely – as a kind of intellectual property belonging to the owner.

Trademark 98

Trademark Government Copyright Service Mark 98

IP and Legal Filings

SEPTEMBER 21, 2021

This implies that the configuration and arrangement of shapes, designs, colors, materials that form the trade dress will not be protected if it serves a utilitarian purpose. Trade dress laws in India, United States, and the United Kingdom. Trade dress laws in India. Trade dress laws in the US and the UK.

Law 52

Law Branding Branding Brands 52

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

JD Supra Law

JUNE 22, 2023

In a twin set of precedential opinions, the Trademark Trial & Appeal Board laid the foundation for determining whether building designs can be trademark protected as service marks. In re Palacio Del Rio, Inc., 88412764; 88437801 (TTAB May 25, 2023) (Shaw, Goodman, Hudis, ATJs); In re Seminole Tribe of Florida, Ser.

Trademark 61

Trademark Service Mark Designs Design 61

The IPKat

JULY 4, 2021

Recently, Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia have made a collective endeavor to move towards the formation of a regional system dealing with trade marks, service marks and appellations of origin of goods in the Eurasian Economic Union (EAEU). Marques provided an explanation of how it will work.

Blogging 65

Blogging IP Designs Design 65

The TTABlog

OCTOBER 6, 2022

19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(d) - Likelihood of Confusion: TTABlog Test: Is "MOXIE SCRUBS" & Design Confusable with "MOXIE" for Clothing? [No] 13th DuPont Factor Saves Four "GAIA" Marks For Supplements From Section 2(d) Refusal Precedential No. Abandonment: Precedential No.

Service Mark 83

Service Mark Designs Design Ownership 83

The TTABlog

DECEMBER 18, 2023

Without evidence, Game Plan's claim of common law rights was baseless and so the Board considered only its registered service mark rights. UNIP claimed to have acquired by assignment, common law rights based on use of I AM MORE THAN AN ATHLETE dating back to 2013. Game Plan, Inc.

Law 56

Law Registration Service Mark Litigation 56

JD Supra Law

SEPTEMBER 9, 2021

Trade Dress Is Either a Trademark or Service Mark. Trade dress” functions as either a trademark or service mark. A “trademark” is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent, sound, device, or combination thereof, which distinguishes the goods (i.e.,

Service Mark 52

Service Mark Trademark Designs Design 52

Technology & Marketing Law Blog

MARCH 5, 2024

On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. March 1, 2024) Related posts * Atari’s Lawsuit Against a Print-on-Demand Service Fizzles Out–Atari v. Cite to Ohio State v. Pixels.com, LLC , 2024 WL 885356 (W.D.

Artwork 119

Artwork Trademark Publishing Marketing 119

IP and Legal Filings

OCTOBER 30, 2022

The Philippines has laws and policies that generally support a conducive intellectual property (IP) environment, but enforcement is irregular and inconsistent. Third, rights must be registered and enforced in the Philippines under local laws. Introduction. First, it is important to have an overall strategy to protect IP.

Trademark 98

Trademark Intellectual Property Registration IP 98

JD Supra Law

JULY 5, 2023

There are plenty of fish in the sea when it comes to trademarks: from word marks to service marks; from symbols to surnames; from product packaging to product design. When the time is right, and you feel like you have found “the one,” it is important to lock it down.

Service Mark 52

Service Mark Marketing Marketing Designs 52

Indiana Intellectual Property Law

DECEMBER 13, 2024

The lawsuit, filed under the Lanham Act and related Indiana state laws, addresses issues of trademark infringement , unfair competition , false designation of origin , and trademark dilution. This trademark is used to identify My Markets services, particularly in the food industry. Trademark Registration No.

Marketing 52

Marketing Marketing Trademark Service Mark 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.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

The TTABlog

DECEMBER 31, 2021

Crowded Field of Third-Party Registrations and Uses Leads to TTAB Reversal of "MATCH STUDIO" Over "MATCH" for Clothing Licensee's Prior Common Law Use Established Priority for "SNORE MD" Mark TTABlog Test: Is "BEDLAM VODKA & Design" for Vodka Confusable With "BEDLAM! & Design" for Beer?

Registration 69

Registration Cinema Trademark Reporting 69

43(B)log

OCTOBER 4, 2021

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. False designation of origin: Failed to state a passing off claim, but Dastar didn’t bar a reverse passing off claim. Some service/product confusion also going on here.]

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Indiana Intellectual Property Law

AUGUST 18, 2021

After acquiring the Fort Wayne Rickers stores, Plaintiffs apparently became aware of Defendants’, Get 2 Go , Virk Brothers, LLC, and Charanjit Singh, use of the name and trademarks GET 2 GO in connection with three retail convenience stores in Fort Wayne (the “Infringing Marks”). Service Mark Registrations, Nos.

Trademark 52

Trademark Registration Service Mark Advertising 52

IIPRD

JUNE 13, 2024

Analyzing the convergence of AI and IPR laws, it elucidates the challenges and ambiguities in recognizing AI as inventors or creators. When artificial technologies are utilized for creating innovations, such as employing evolutionary algorithms for antenna design or engaging IBM Watson to produce music, IPR laws become relevant.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

The TTABlog

MARCH 27, 2024

The Board affirmed a refusal to register the proposed mark WE’RE HERE TO HELP WITH YOUR LEGAL NEEDS! finding that the phrase fails to function as a service mark for "legal services." That opinion had originally been deemed nonprecedential, but at the USPTO's request, the court re-designated it as precedential.

Service Mark 56

Service Mark Registration Trademark Designs 56

IP and Legal Filings

AUGUST 3, 2023

The more familiar the term or phrase is, the less likely it will be a mark that could be used to identify a single source of goods or services. Marks consisting of designs or patterns may also be rejected as a failure to function. It may be rejected for being a mere graphic representation of the product.

Registration 52

Registration Branding Branding Brands 52

LexBlog IP

SEPTEMBER 11, 2023

In a precedential decision the Trademark Trial and Appeal Board (“Board”) affirmed a refusal to register a character featured in a video game on the grounds that the proposed design mark failed to function as a trademark. Color was not claimed as part of the mark. [1] In re Joseph A. Stallard , Serial No.

Trademark 52

Trademark Registration Designs Design 52

IP and Legal Filings

JUNE 14, 2023

A trade name often is designated by the term “doing business as,” “trading as,” or “operating as” to make this distinction from the legal name. This is created through personal contact with the client in connection with the use of services or products, contact with sales or client support, or through brand communication (marketing).

Marketing 52

Marketing Marketing Intellectual Property Branding 52

Patently-O

JANUARY 26, 2024

The Lanham Act requires that a trademark identify and distinguish the source of a good or service in order to merit protection. If the nature of a proposed mark would not allow consumers to perceive it as designating a particular source, then it cannot qualify as a trademark eligible for federal registration.

Registration 64

Registration Trademark Service Mark Trademark Law 64

Kashishipr

JULY 27, 2022

In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on. The post Understanding the Role Intellectual Property Plays in Mergers and Acquisitions appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 52

IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] 4 (1986): 423–40. [6] 6] Supra note 4, art. 8, 9, 11, 12 and 14.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

Corsearch

AUGUST 30, 2023

Even if a mark is originally descriptive and thus unregisterable, it is possible to change this through use of the mark in the marketplace, initially as a common-law trademark. In a combination mark the text is usually also protected as a word mark, unless a disclaimer applies. What is a common-law trademark?

Trademark 52

Trademark Registration Registering Trademarks Designs 52

Intepat

MAY 29, 2024

.” The “Claiming User Date” category pertains to trademarks that are already in use by the applicant in the market, while the “Proposed to be Used” category applies to trademarks or service marks that are for future use.

Registration 52

Registration Trademark Advertising Advertising 52

43(B)log

SEPTEMBER 16, 2021

The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.” False designation of origin: Yep.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

Intepat

SEPTEMBER 27, 2024

Obligation of e-commerce platforms to offer complete seller’s information: Legal Basis There are legislations governing the IPR protection in e-commerce platform which create an obligation to the intermediaries to address the issue regarding seller data disclosure and IPR protection in the digital marketplace: Trade Marks Act, 1991 : As per S.

Intellectual Property 52

Intellectual Property IP Trademark Copyright 52

LexBlog IP

JANUARY 11, 2022

In fact, it could potentially lead to significant penalties under federal law. It is commonly used when an entity claims its common law trademark rights. A common law trademark is a trademark used in commerce without official registration. Trademarks arise the moment goods and/or services are sold under a trademark.

Trademark 52

Trademark Registering Trademarks Registration Copying 52

LexBlog IP

SEPTEMBER 29, 2022

I start with MGM and Penn State, not because MGM’s registered trademark and Penn State’s common law one are at odds, but because they are two well-known acoustic, or sound (or auditory), marks that can help us understand those sounding off recently about such non-traditional trademarks. ” Ardagh at par.

Trademark 52

Trademark Registration Music Intellectual Property 52

IP and Legal Filings

DECEMBER 18, 2022

Trademark is a kind of intellectual property which is capable of being represented graphically, it can be any word, design, symbol, phrase, design, shape, packaging of goods etc. Trademarks are used to distinguish one person’s goods and services from that of others. certification mark etc. Deceptive Trademark.

Trademark 98

Trademark Registration Intellectual Property Branding 98

The TTABlog

JUNE 11, 2024

The Leathernecks Motorcycle Club was thwarted in its attempt to register the collective membership mark LEATHERNECKS in the design form shown immediately below. Nothing in Section 4 exempts collective membership marks from Section 2(a). The Board pointed to Section 1304.03

Registration 53

Registration Service Mark Government Trademark 53

IP and Legal Filings

NOVEMBER 7, 2024

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. Trademark laws prohibit anybody else from using similar signs or symbols in which customers might get confused with other businesses. What is a Trademark?

Trademark 97

Trademark Registration Branding Brands 97

The TTABlog

JULY 2, 2024

12: TTAB Rejects Sovereign Immunity Claim in Opposition to Virginia College System Marks Precedential No. Federal and State Case Law and T.T.A.B. Developments" The Trademark Reporter's "Annual Review of European Trademark Law" J. Guess What?

Registration 72

Registration Ownership Trademark Reporting 72

The TTABlog

JANUARY 23, 2024

e), the CAFC has re-designated as precedential its opinion in In re GO & Associates, LLC , Appeal No. 14, 2023, re-designated as precedential, January 22, 2024). The TMEP is not the law - ed. ]. At the request of the USPTO under Fed. 2022-1961 (Fed.

Designs 49

Designs Design Registration Service Mark 49