Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

Design Patent 111

Design Patent Designs Design Graphic Design 111

Biswajit Sarkar Copyright Blog

OCTOBER 4, 2023

With a great sense of pride, we announce that the Indian Navy has introduced a new design for a mask to be used in their course of action. This particular mask design falls under class 29-02 which covers devices and equipment against fire hazards, accidents and rescues. The design number is 360313-00.

Registration 98

Registration Designs Design Journalism 98

IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. There are added benefits to each IPR that come along with their registration. Registration is the procedure of filing a particular mark/ name under the respective authority of legal statutes.

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Registration Designs Design Trademark 93

JD Supra Law

MARCH 12, 2025

Summary Trade dress is a powerful intellectual property (IP) tool that can be used to protect the distinctive non-functional look and feel" of a products design, shape and/or 3D configuration.[1]

Registration 68

Registration Intellectual Property Designs Design 68

IIPRD

MARCH 13, 2025

With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. Registration is not mandatory, but recommended.

Intellectual Property 83

Intellectual Property Registration Designs Design 83

Patently-O

FEBRUARY 3, 2023

The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

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Registration Trademark Social Media Designs 128

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 130

Designs Design Intellectual Property Social Media 130

IP and Legal Filings

APRIL 24, 2023

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

Designs 97

Designs Design Registration Law 97

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. Receive a registration certificate.

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Registration Trademark Branding Brands 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

SpicyIP

OCTOBER 1, 2024

We are pleased to bring to you this sponsored post by IP Press on the extension of the registration deadlines for their Comprehensive Course on Patents, in collaboration with S. The deadline for registration has now been extended to October 4. The IP Press presents the third cohort of the Comprehensive Course on Patents.

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Registration Intellectual Property IP Patent Drafting 103

IP and Legal Filings

JUNE 8, 2022

The Designs Act is an act that protects one of the most significant Intellectual Property Rights of a person. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. The Designs Act, 2000 is one such act.

Designs 98

Designs Design Registration Intellectual Property 98

TorrentFreak

NOVEMBER 30, 2023

That included those whose names appeared in public WHOIS databases as registrants or owners of domains. In an August 2023 joint submission to the United States Patent and Trademark Office (USPTO), Hollywood, the recording industry, TV companies, the gaming industry and publishers left little doubt that patience had run out.

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Registration Public Domain Privacy Intellectual Property 123

The IPKat

SEPTEMBER 28, 2022

9 of Design Regulation (EC) No 6/2002 , a design right shall not subsist in a design that is contrary to public policy or to accepted principles of morality. An equivalent provision is also included in Design Directive 98/71/EC. First, EUIPO Design Guidelines on the matter are very concise. According to Art.

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Designs Design Law Art 107

Patent Trademark Blog

JANUARY 5, 2023

So your trademark application has been refused registration on the basis that your mark is confusingly similar to at least one registered mark. While there may be a high number of both registered and pending marks, coexisting registrations of similar marks by different owners would carry more weight.

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Registration Trademark Blogging IP 98

SpicyIP

JANUARY 20, 2025

Case Summaries Gilead Sciences Inc vs Union Of India on 19 December, 2024 (Madras High Court) Image from here The writ petition pertains to a patent application filed by the petitioner, which was contested by the 4 th respondent through a post-grant opposition. The defendants were unable to establish prior use and legitimate registration.

Registering Trademarks 102

Registering Trademarks Trademark Registration IP 102

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.

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Registration Trademark Reporting Government 98

Patently-O

MAY 15, 2023

by Dennis Crouch The United States Patent and Trademark Office has proposed a rule to create a separate design patent practitioner bar. As it stands today, there is a single patent bar that applies to those practicing in patent matters before the USPTO, covering utility, plant, and design patents.

Design Patent 75

Design Patent Designs Design Graphic Design 75

SpicyIP

JULY 28, 2021

We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly. Yashi Agrawal. India and the Locarno Agreement.

Designs 124

Designs Design Intellectual Property Editing 124

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

The IPKat

NOVEMBER 17, 2024

Drawing on 2023 filing, registration and renewals statistics from national and regional IP offices and WIPO, WIPI covers patents, utility models, trade marks, industrial designs, microorganisms, plant variety protection and geographical indications. This annual survey analyzes IP activity around the globe. programmes: - LL.M.

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Intellectual Property Editing Reporting IP 69

The IPKat

FEBRUARY 11, 2025

However, simply changing one letter of a short mark may not be a free pass, as a recent decision of the German Patent Court involving the trade marks GTI and GTA shows. Background In 2015, an individual person filed for registration of German word mark GTA. The applicant appealed.

Patent 64

Patent Designs Design Branding 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

The IPKat

MARCH 14, 2023

Designs are meant to protect the appearance of a product or a part thereof. Patents protect technical innovations. 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. 8(1) of EU Regulation No.

Designs 86

Designs Design Art Registration 86

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 Designs 98

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 analysed two recent decisions from the General Court and the German Patent Court concerning applications for invalidity of an (almost) identical EU trade mark, Sophienwald.

Intellectual Property 64

Intellectual Property Design Designs Intellectual Property Law 64

SpicyIP

APRIL 20, 2025

Sound recording licensing, Indiaa annual IP report, creative works as industrial design, and a lot more that has happened last week. Looking Beyond the Numbers: What does the 2023-24 IP India Annual Report Says on Patents? Not to forget SpicyIP Summer School is now accepting applications! Anything we are missing out on?

Cease and Desist 59

Cease and Desist Registration Trademark Copyright 59

The TTABlog

AUGUST 30, 2021

The Board upheld a Section 2(e)(5) refusal to register the design of the Eames chair (shown below) for "furniture, namely chairs," finding the configuration to be de jure functional. The well known Eames chair was designed in the 1940s and was recognized by Time magazine as the Best Design of the 20th Century.

Designs 98

Designs Design Advertising Advertising 98

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

JD Supra Law

DECEMBER 5, 2024

The Hague Agreement Concerning the International Registration of Industrial Designs (Geneva Act, hereinafter referred to as the Hague Agreement) came into force in China on 5 May 2022. This offers a new way to obtain design patent protection in China. By: Linda Liu & Partners

Design Patent 65

Design Patent Designs Design Patent 65

Patent Trademark Blog

JANUARY 12, 2023

How to Use Patent Public Search (PPUBS). Wouldn’t it be great if you can find how many patents have been obtained by a patent attorney or agent? Using the new tool by the USPTO called Patent Public Search (PPUBS), you can search for patent grants by practitioner name. Which patent database should you search?

Patent 98

Patent Patent Application Registration IP 98

Patently-O

APRIL 25, 2023

My name is Dennis Crouch, and I am a law professor at Mizzou and author of Patently-O. This raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor.

Invention 126

Invention Inventor Patent Intellectual Property 126

Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers.

Designs 74

Designs Design Cease and Desist Design Patent 74

SpicyIP

JANUARY 23, 2022

We’re pleased to inform our readers that our former blogger, Rajiv Choudhry is offering an online course for preparation for the upcoming Patent Agent exam on 5th February, 2022. Online Course for Patent Agent Exam Preparation [February 5]. It is that time of the year when preparation is going on for the Patent Agent Examination.

Patent Drafting 105

Patent Drafting Patent Advertising Advertising 105

SpicyIP

NOVEMBER 3, 2024

Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s orders in the Pertuzumab patent dispute, order concerning personality rights of the Telugu movie star Vishnu Manchu, and Madras High Court’s decision on burden of proof in patent revocation cases.

Trademark 105

Trademark Registering Trademarks Personality Rights Copying 105

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

Trademark 138

Trademark Registration Marketing Marketing 138

The IPKat

AUGUST 24, 2022

This Alicante-based Kat has been enjoying her sea view with a good book in paws: “ Once upon a time, the patent ” by Pascal Attali (2022, 304 p.). The first part of the book is devoted to the history of patent law. This gradually evolves in the Venetian Patent Statute from 1474, deemed as the first known patent legislation.

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Patent Patent Law Invention IP 124