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.

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Designs Design Publishing Art 134

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

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. [i] In this case, the copyright office allowed registration.

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Registration Art Copyright Artwork 98

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

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Designs Design Copyright Copyright Infringement 105

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.

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Registration Designs Design Intellectual Property 59

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 96

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.

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Registration Trademark Trademark Law Law 97

Technology & Marketing Law Blog

JULY 9, 2023

The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). Others refer to the symbol as “ILY,” and Emojipedia refers to it as the “Love-You Gesture.”

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Registration Trademark IP Advertising 98

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

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Design Patent Design Designs Patent 66

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.

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Registration Government Reporting Marketing 98

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.

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Designs Design Art Registration 86

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. NTC even referred to the Bombay High Court’s judgment in Dhiraj Dharamdas Dewani vs. Sonal Info Systems Pvt Ltd, where it held that Copyright Registration is compulsory to maintain a civil or criminal action under the Copyright Act of 1957.

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Registration Artistic Work Copyright Registering Trademarks 98

JD Supra Law

APRIL 26, 2024

Over the past two decades, the World Intellectual Property Organization (WIPO) has been working on a Design Law Treaty focused on aligning examination and procedural guidelines associated with what have historically been referred to as “industrial designs.” By: Quarles & Brady LLP

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Designs Design Law Intellectual Property 69

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.

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Registration Blogging Copyright Design 98

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.

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Editing Designs Design Law 67

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.

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Designs Design Registration Intellectual Property 70

The IPKat

AUGUST 17, 2022

In all this, it is no surprise that new and quirky designs require effective IP protection to retain their goodwill and reputation, as well as competitive advantage. The applicant maintained its request for registration. These had been circulating on the market since, at least, 2017.

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Registration Design Designs Marketing 91

The IPKat

MAY 12, 2024

The dispute concerned the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. Image from Pixabay. The other wineries had been using the word "Salaparuta" on their labels. Article 14.3

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Registration Branding Brands Branding 67

The IPKat

MARCH 11, 2024

Background On 24 October 2018, The KaiKai Company Jaeger Wichmann GbR (‘KaiKai’) filed an application for the registration of twelve Community designs with the European Union Intellectual Property Office (‘EUIPO’), claiming priority based on a Patent Cooperation Treaty (‘PCT’) patent application filed on 26 October 2017.

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IP Art Designs Design 113

The IPKat

FEBRUARY 8, 2023

Kat friend Latha Nair reports on an interesting decision from India on the registrability of two marks--SWISS MILITARY and design, and the word mark SWISS MILITRY. The marks are prohibited under this section as they bear indications (‘SWISS MILITARY’ and the red-and-white cross) designating Swiss origin.

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Registration Trademark Intellectual Property Design 75

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 ).

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Designs Design Art Registration 70

The IPKat

MARCH 16, 2023

The speaker in question referred to EU GIs as a “unitary right”. Unitary character of EUTMs and designs The notion of unitary right (or “unitary character”) comes from EU trade mark (EUTM) and design law. 1(3) Design Regulation. 80-81 Design Regulation. Following Art. This same principle is enshrined in art.

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Art Designs Design Litigation 129

Patently-O

OCTOBER 8, 2021

In Australia, the term “ugg boots” refers to a general style of sheepskin shoe with the fleece turned in for warmth. 36 Judgment without any opinion (the original complaint included some design patents as well). by Dennis Crouch. It is a generic term, and not a trademark – in Australia. Petition ].

Trademark 136

Trademark Registering Trademarks Licensing Design Patent 136

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.

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Trademark Registration Branding Brands 98

The TTABlog

NOVEMBER 17, 2023

In a highly detailed and instructive opinion, the Board granted a petition for cancellation of a registration for the product configuration shown below, for a "spring-loaded glass-breaking device," on the ground of de jure functionality under Section 2(e)(5). The Board looked to the factors set forth in In re Morton-Norwich Prods.,

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Registration Designs Design Advertising 69

The IPKat

AUGUST 17, 2022

In a somewhat comparable situation, a trade mark holder has surrendered some of their registered marks, even though they were accepted by the UK Intellectual Property Office (IPO), after receiving public backlash against the registrations. What does this mean for the hundreds of other registrations that include these, or similar, words?

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Social Media Registration Intellectual Property Ownership 137

Technology & Marketing Law Blog

NOVEMBER 21, 2021

This summer, the Copyright Review Board issued an interesting decision about the registrability of emojis. The Copyright Review Board is the Copyright Office’s internal administrative review process for the registration decisions of individual copyright examiners. The examiner denied the registrations. copyright law.

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Copyright Registration Fair Use Design 126

SpicyIP

NOVEMBER 8, 2022

Due to the nature of the shape mark, it must pass the hurdle of distinctiveness [as per Section 9(1)(a)] to be registrable. the novel shape of a product which has aesthetic appeal is protectable under the law of designs if the requisite conditions are satisfied. What does this mean? Even in the US, Wal-Mart Stores, Inc.

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Registration Trademark Intellectual Property Law Law 133

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 62

Designs Design Registration Intellectual Property 62

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.

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Copyright Law Art Design Designs 78

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 67

Designs Design Art Law 67

The TTABlog

MAY 18, 2023

Maybe he or she was referring to ex parte cases only. Greenbaum) [Opposition to registration of POUPETTE ST BARTH for perfumery and personal care products (ST BARTH disclaimed), in view of the registered marks ST BARTH (in standard characters) and LSB LIGNE ST BARTH and Design (LIGNE disclaimed), for overlapping products.]

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Registration Designs Design Licensing 89

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. 002138008-0031 for ‘door and window handles’: The design was registered on 27 November 2017.

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Designs Design Intellectual Property Art 57

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

While copyright is concerned with the creative part of jewellery, design is concerned with the shape, configuration, pattern, and mix of lines or colours in two or three-dimensional forms. After examining the above cases, it is difficult to predict whether a single piece of jewellery will be considered an artistic work or a design.

Intellectual Property 98

Intellectual Property Artistic Work Designs Design 98

IP and Legal Filings

JULY 13, 2022

However, it is also important to assess the position of copyright protection offered to fashion designers specifically and the scope of the same. Copyright Act or Design Act? The Design Act, 2000 [“ the 2000 Act ”] provides protection to various aspects of the design in question, like the pattern, colours or even lines on the design.

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Copyright Artistic Work Designs Design 90

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.

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Trademark Registration Service Mark Design 94

SpicyIP

JULY 14, 2021

Smell marks are or have been heavily debated around the world and are privy to their own set of issues in terms of registration. Internationally, the statutory requirements for the registration of non-conventional trademarks varies across jurisdictions. Issues and Barriers to the Registrability of Smell-marks.

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