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

MARCH 14, 2023

Designs are meant to protect the appearance of a product or a part thereof. 6/2002 (‘Design Regulation’) stipulates:-- A Community design shall not subsist in features of appearance of a product which are solely dictated by its technical function. The existence of other design alternatives was considered irrelevant.

Designs 84

Designs Design Art Registration 84

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

AUGUST 17, 2022

The quest for practical and entertaining cases often raises various dilemmas with companies: they are forced to come up with new and quirky solutions in an ever-growing competitive market where children are also in focus. The applicant maintained its request for registration.

Registration 90

Registration Designs Design Marketing 90

Intepat

DECEMBER 4, 2023

With an increasing number of countries joining this unique international trademark registration framework, the World Intellectual Property Organization (WIPO), a specialized United Nations agency in Geneva, has administered over a million trademark registrations worldwide. What is a Provisional Refusal under the Madrid System?

Registration 52

Registration Trademark Intellectual Property Registering Trademarks 52

IP and Legal Filings

JULY 28, 2022

Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017. Registration of Real Estate Projects. Registration of Real Estate Agents. Under this Act, all real estate agents must register.

Registration 83

Registration Government Reporting Marketing 83

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

IP and Legal Filings

MAY 19, 2022

The Controller General of Patents, Designs, and Trademarks (CGPDTM), who will also regulate their conduct and powers, will appoint a panel of “facilitators” to help administer the program. The facility of trademark registration is a herald of ensuring legal security for start-ups.

Trademark 52

Trademark Government Branding Brands 52

The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. If this qualifying criterion were to be relinquished, design law would ultimately become obsolete. This is the price for the fact that the author can and should create completely without purpose.

Copyright Law 75

Copyright Law Art Designs Design 75

LexBlog IP

APRIL 6, 2022

Design patents, sometimes referred to as industrial designs, protect the aesthetic appearance of a product. In other words, unless international or regional treaties are available, a grant of design rights has to be obtained individually in each country of interest.

Designs 52

Designs Design Intellectual Property Registration 52

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. A trademark refers to any sign, expression, or design identifying the products or services of one company and differentiating them from those of others. Some Other Crucial Aspects to Keep in Mind.

Registration 52

Registration Registering Trademarks Trademark Cease and Desist 52

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. Since then, it has been continuously used and has even acquired reputation and goodwill in the market. The Copyright Act extends a wide range of rights to the first copyright owner without requiring prior copyright registration.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

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

IP and Legal Filings

JULY 17, 2023

Introduction ABU DHABI GLOBAL MARKET lodged an appeal against the rejection of its trademark registration application contending that the rejection by the Trade Marks Registry was unfounded both in fact and in law, while the respondent centered their objections around the use of a geographical name and the lack of distinctiveness.

Marketing 52

Marketing Marketing Trademark Invention 52

The TTABlog

FEBRUARY 16, 2023

The Board sustained Section 2(d) oppositions to the word-and-design marks shown immediately below, for Asian-themed cuisine and for restaurant services featuring same, finding confusion likely with opposer's common law mark RAMEN HOOD & Design (shown to the right) for Asian-themed restaurant services. menus and other printed items.

Designs 52

Designs Design Registration Copying 52

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Designs 73

Designs Design Art Intellectual Property 73

LexBlog IP

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 52

Design Patent Designs Design Patent 52

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

Designs 46

Designs Design Registration Trademark 46

The IPKat

DECEMBER 4, 2023

17152851 ) and ‘TEAM UK’ (IR designating the EU no. Likewise, the EUIPO refused registration of the mark ‘TEAM USA’ for typical merchandise products. Background On 17 February 2022, the United States Olympic and Paralympic Committee (‘USOPC’) designated the EU in its IR no. The examiner also referred to the refusal of EUTM no.

Registration 64

Registration Designs Design Art 64

43(B)log

AUGUST 19, 2021

By August 2020, CasperLabs had begun referring to its blockchain protocol and forthcoming token as “Casper.” It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020.

Registration 70

Registration Social Media Trademark Registering Trademarks 70

Garrigues Blog

JUNE 28, 2021

China has taken a further step towards aligning its regulations with the international protection system for designs. On June 1, 2021, the most recent reform of the country’s Patent Act entered into force, which includes significant changes to how industrial designs are regulated. Key reforms.

Designs 52

Designs Design Intellectual Property Registration 52

Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The stories feature on Instagram is the same as that of its rival and competitor in the market, Snapchat.

Branding 52

Branding Brands Branding Marketing 52

IP and Legal Filings

MAY 10, 2024

Its gained momentum with the advent of importance in R&D and patent registration. Further Trademarks Act, 1999 and Designs Act, 2000 allow licensing of trademarks and designs respectively. The offices are established for movement of innovation from lab to market. link] Transferring Technology from Lab to Market.

Intellectual Property 101

Intellectual Property Technology Licensing Invention 101

43(B)log

JANUARY 18, 2022

This seems wrong to me—like holding a skateboard nonfunctional because you can also use roller skates if you want personal wheels, or the Dippin’ Dots ice cream configuration nonfunctional because one can eat regular ice cream instead—but does provide a nice illustration of the importance of market definition to functionality determinations.

Registration 44

Registration Ownership Social Media Marketing 44

The IPKat

JUNE 10, 2024

Looking at the data published by the EUIPO from the past three years, trade mark registrations for non-conventional marks remain nevertheless low. As such, it differed from any other shape on the market. design rights and copyright). We see that only 0.29% out of all EU trade marks registered in 2023 were non-traditional marks.

Law 67

Law Registration Publishing Designs 67

The IPKat

APRIL 30, 2024

Through a comparative lens he showcased the registration trends over the recent years in the examples of US, China and Hungary. The clash between artistic value and substantive value refers specifically to trademark and copyright cumulation and, according to the Italian Supreme Court, would make the shape mark unregistrable.

Reporting 60

Reporting Copyright Public Domain Law 60

The TTABlog

OCTOBER 5, 2023

As to commercial strength, there were no third-party uses or registrations of the same or similar sun-kissed formative marks in the industry. Applicant markets KIST to reference a kiss." Opposer markets SUNKIST to reference the sun." It failed to do so. And so, the Board jettisoned the dilution claim.

Advertising 64

Advertising Advertising Marketing Marketing 64

IP and Legal Filings

JANUARY 29, 2024

Unveiling Merchant Privileges in the Shadows of Craftsmanship Developing nations like India require financial and technical support to market their products internationally and attain the sustainability of GI. Additional analysis has revealed that the registration status varies greatly.

Registration 94

Registration Blogging Designs Design 94

Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark. Non-Use of a Registered Trademark.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

Kashishipr

APRIL 13, 2022

At present, with the immense growth of interconnectivity, along with digital experiences creating augmented reality and virtual reality, many digital marketers and technology experts have given the term ‘Metaverse’ to these new spheres of human interaction. Market Reach & Presence. Market Reach & Presence.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

The IPKat

DECEMBER 21, 2023

Those machines have been imported into the UK for distribution and sale since June 2013, and marketed using the acronym ICE and the following logo: Both the Claimant and the First Defendant have trade mark registrations in the United Kingdom.

Registration 64

Registration Intellectual Property Designs Design 64

The TTABlog

OCTOBER 10, 2023

In an exhaustive and exhausting decision, the Board sustained an opposition to registration of the mark HME in the stylized from shown below, for various types of pipes and other building products, finding confusion likely with opposer's mark KME for overlapping goods. KME Germany GmbH v. Zhejiang Hailiang Co.,

Marketing 67

Marketing Marketing Ownership Registration 67

The IPKat

DECEMBER 9, 2021

Katfriend Federica Combariati (TM IP Counsel at Assa Abloy) discusses a recent decision relating to AC Milan’s attempt to extend its international trade mark registration for its club logo to the territory of the European Union. A German based company, very prolific in such business area, has already registered the name "Milan".

Branding 94

Branding Brands Branding Registration 94

The IPKat

SEPTEMBER 25, 2023

Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use.

Fair Use 114

Fair Use Registration Designs Design 114

The IPKat

OCTOBER 19, 2022

For more information, you can refer to PatKat Rose Hughes’ post here. As a reminder to brand owners looking to enter the China market, SpecialKat Tian Lu considered in her post how powerful the Chinese language integrity point can be. An equivalent provision is also included in the Design Directive 98/71/EC.

Designs 64

Designs Design Reporting Registration 64