Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases. Tam (2017) and Iancu v.

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The IPKat

JULY 20, 2021

We soon learn that "Trademark Law Reform" refers to aspirations to tackle contemporary problems in trade mark law worldwide, whether by means of legislative overhaul or not, put to paper by some of the world's leading experts. But make no mistake: behind the cover is a veritable treasure trove of thought-provoking scholarship.

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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.

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IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] 2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks.

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azrights

NOVEMBER 17, 2021

Hence Pizza Hut is also a registered trademark. This combination of words with Pizza are sufficiently distinctive to qualify as trademarks, although these registrations do not stop other brands from using the words Hut or Express in their brand names. The post Distinctiveness in Trademark Law appeared first on Azrights.

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Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. It further added that an individual could either own a registered trademark or copyright but not both. The rights granted in general under the Trademarks Act of 1999 and the Copyright Act of 1957 are completely different. Bombay High Court’s Decision

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Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid. Some Other Crucial Aspects to Keep in Mind.

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LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. But what rights do you have to what it creates for you?

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Designs Design Trademark Copyright 52

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). At the request of the USPTO under Fed. 2022-1961 (Fed. The appellate court concluded that the Board's determination was supported by substantial evidence.

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LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). The CNIPA Draft Amendment is comprised of a total of 101 articles in 10 chapters (as opposed to 73 articles in 8 chapters in the current law).

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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 Designs 98

IP and Legal Filings

FEBRUARY 26, 2022

Instead of showing two or more letters as letters in and of themselves, the letters might be entwined or interwoven into a single device, formed into a monogram, which is prima facie registrable as a device. Registrability of letters or numerals as wordmark. Additionally, letter marks have an aspect of pronouncability.

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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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43(B)log

JUNE 24, 2022

U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v. Much of the law is a collection of rules of thumb from registration context. Hard to think coherently about TM status without thinking about registration v. Profound question for US law.

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Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

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43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? But there is an assumption that registration = minimal distinctiveness unless validity is questioned. Another way to say it: Carol Rose’s Crystals and Mud in property law. It’s text and not design so we don’t call it ornamentality.

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The IPKat

MAY 30, 2023

Belgian waffle Kat The IPKat is pleased to inform readers that the 'GRUR meets Brussels' conference is returning on 13 June 2023 and IPKat readers are entitled to receive a 30% discount in the registration fee. To claim the discount, readers should email Sandra von Lingen ( s.vonlingen@grur.org ) and use "IPKAT" in the subject-line.

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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.

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Patently-O

NOVEMBER 17, 2023

13, 2023) , the Federal Circuit affirmed the TTAB’s refusal to register the mark EVERYBODY VS RACISM because it failed to function as a trademark. The examining attorney refused registration under 15 U.S.C. §§ 1052 and 1053, finding that the mark failed to function as a source identifier and instead conveyed an informational message.

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azrights

OCTOBER 27, 2023

Lacoste vs Crocodile International Once an identifier is created and registered as a trademark you risk losing the registration if you don’t use it in the form in which it was registered. Crocodile International noticed that Lacoste wasn’t using the design it had registered and applied to revoke Lacoste’s trademark for non-use.

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IPilogue

NOVEMBER 17, 2022

Beijing Judian is a reputable barbeque bar restaurant with over 40 locations in China with established Ju Dian character marks, including the JU DIAN & Design Mark. Upon learning that Beijing Judian was planning to open locations in Canada, Meng raced to file trademark applications for the identical mark in Canada.

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SpicyIP

JANUARY 2, 2024

Discussing the historical foundation of the absolute ground of refusing scandalous marks and its implementation by the Indian Trademark Registry, we are pleased to bring to you this guest post by Prof. However, despite focusing on its economic and informational relevance, trademark law often intersects with moral considerations and impulses.

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Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Therefore, we can say that failing to safeguard your registered trademark adequately would lead you at risk of forfeiting your exclusive rights.

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Kashishipr

DECEMBER 15, 2021

” The emphasis of the case was whether the design of the Defender had “inherent or acquired distinctiveness.” The trademark was registered for a 3D shape of 250 GTO in three classes: Class 12 (Vehicles), Class 25 (Clothing), and Class 28 (Games and playthings). Registration took two years. Key Takeaways.

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LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. Learn more about Trademark law for board games and Trade Dress protection.

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Design Patent Intellectual Property Designs Design 52

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. ’ Common or generic terms are usually not protected under trademark law.

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IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

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IPilogue

AUGUST 4, 2022

That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA). The following family of JU DIAN character trademarks have been heavily used in China to promote their restaurants. Background. The Decision. 18(1)(e) of the TMA. Other issues.

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azrights

MAY 3, 2022

Brand Tuned was a difficult book to write because although I had dealt with trademark registration and brand protection work, and had explored the concept of brand in my Legally Branded book, I didn’t have a deep understanding of it. Focus on Trade Mark Registration. This has many undesirable consequences.

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IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. Scary Issues with Licensing and Trademarks.

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SpicyIP

JANUARY 23, 2023

Delhi High Court sets aside the cryptic order passed by the Respondent, directs to consider the matter afresh Case: Alfred Von Schukmann vs The Controller General Of Patent, Designs and Trademarks and Ors. The Defendant argued that the suit design was published prior to the date of registration under a different trade name.

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IIPRD

AUGUST 27, 2022

The instant order of the General Court proves wrong the false assumptions that the shape mark is dead under the trademark law based on the doctrine of aesthetic functionality. trademark law which was later borrowed and adopted in a more limited sense in the European trademark law.

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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)

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Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

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IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. Since fashion designers, textile manufactures, apparel companies and artists produce creations of the human intellect, Intellectual Property Rights play a significant role in the fashion industry. dollars in the USA.

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IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

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Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

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