43(B)log

JULY 3, 2024

The solicitations included original clothing designs, lookbooks, and other promotional material meant to highlight the designer’s international acclaim in the fashion industry. Ultimately, the fashion conglomerate did not make time to meet with the designer or decide to work with her. any and all designers and stylists.”

Designs 62

Designs Design Copyright Infringement Marketing 62

Greenspoon Marder LLP

DECEMBER 15, 2023

Licensing out a trademark for third-party use is a common practice amongst trademark owners. Second, licensing can lead to substantial growth for a reduced price as the licensee bears some of, if not […] The post Maintaining Control – Avoiding a Naked Trademark License Designation appeared first on Greenspoon Marder LLP.

Licensing 59

Licensing Designs Design Trademark 59

IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) today announced that a final rule will be published tomorrow, November 16, in the Federal Register implementing a design patent practitioner bar. A request for comments (RFC) was also published in October 22.

Design Patent 120

Design Patent Publishing Designs Design 120

JD Supra Law

DECEMBER 4, 2023

Canada has emerged as a popular jurisdiction for trademark designations under the Madrid Protocol, a global system facilitating streamlined protection of marks across multiple countries.

Designs 68

Designs Design Trademark 68

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. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.

Registration 67

Registration Designs Design Trademark 67

IP and Legal Filings

JULY 11, 2024

INTRODUCTION In the United States as well as in India, application for a trademark may be rejected for several different reasons. GENERAL REFUSAL REASONS FOR A TRADEMARK Likelihood of Confusion: The first reason for refusal is that it is often considered that the use of the trademark will lead to confusion with similar trademarks.

Registration 94

Registration Trademark Copyright Intellectual Property 94

JD Supra Law

JULY 9, 2024

Design patents protect the ornamental appearance of an article. The protection granted by a design patent is primarily indicated by illustrations. Since the first grant in 1842, the United States Patent and Trademark Office (USPTO) has issued about 1.03 million design patents. By: Dunlap Bennett & Ludwig PLLC

Designs 61

Designs Design Design Patent Patent 61

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.

Designs 93

Designs Design Copyright Copyright Infringement 93

Erik K Pelton

NOVEMBER 27, 2023

The following is an edited transcript of our video The WIPO Madrid Protocol’s International Trademark Filing System Part 2. [ The following is an edited transcript of our video The WIPO Madrid Protocol’s International Trademark Filing System Part 2. [ For Part 1, see here. For Part 1, see here.

Trademark 130

Trademark Registration Designs Design 130

JD Supra Law

OCTOBER 2, 2023

Many brand owners are familiar with the value of registered trademarks, which safeguard the goodwill cultivated between mark holders and consumers by reducing confusion as to the source of the associated goods. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent 73

Design Patent Designs Design Branding 73

Corsearch

FEBRUARY 5, 2024

Introducing Industrial Design Search , the new AI-powered image search tool within TrademarkNow that enables IP professionals to swiftly search potential designs for registration. What is the difference between industrial designs and patents? Why is it important to register your industrial designs?

Designs 59

Designs Design Registration Trademark 59

IP and Legal Filings

MAY 18, 2023

Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.

Designs 80

Designs Design Art Trademark Law 80

JD Supra Law

NOVEMBER 1, 2023

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.

Copying 63

Copying Designs Design Public Domain 63

JD Supra Law

JUNE 19, 2024

The Second Circuit issued a ruling on May 28, 2024, in a trade dress case, affirming the district court's decision that Redemption Whiskey diluted the trademark and trade dress rights of Bulleit Whiskey since Redemption's bottle resembled the design of the Bulleit's distinct canteen-shaped whiskey bottles.

Designs 63

Designs Design Branding Brands 63

JD Supra Law

JULY 19, 2024

Trademarks — which can include words, phrases, symbols, designs, or a combination of these things — play a crucial role in establishing and protecting a brand’s identity: they help ensure that consumers can reliably identify the origin of a product or service, which can build brand loyalty and trust.

Trademark 63

Trademark Business Service Mark Branding 63

JD Supra Law

DECEMBER 11, 2023

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images. By: AEON Law

Publishing 109

Publishing Designs Design Patent 109

Likelihood of Confusion

FEBRUARY 12, 2023

In February, 2011 I wrote about Trademark™, a design studio with the domain name www.trademark-trademark.com. The post Trademark, trademark, trademark! I was looking to refer back to that post because I wanted to link to it, as. appeared first on LIKELIHOOD OF CONFUSION™.

Trademark 98

Trademark Designs Design 98

Patent Trademark Blog

FEBRUARY 22, 2023

Are there any requirements for getting a design patent? Design patents can be quite powerful. Even though design patents are easier to get than utility patents, it is still possible for a design application to be rejected. 35 USC 171 sets forth the requirements for getting a design patent.

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

DECEMBER 12, 2023

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images.

Design Patent 112

Design Patent Designs Design Patent 112

IP Watchdog

MAY 23, 2024

Applications for design patents have surged in recent years, with the U.S. Patent and Trademark Office (USPTO) reporting a 20% increase in applications over the last five years.

Design Patent 57

Design Patent Designs Design Intellectual Property 57

JD Supra Law

DECEMBER 15, 2023

A recent decision at the Central District of California shines a bright light on the, perhaps unintended, consequences for ex-US trademark owners that choose to designate a domestic representative for service of process at the United States Patent and Trademark Office (“USPTO”). By: Haug Partners LLP

Designs 71

Designs Design Trademark Patent 71

JD Supra Law

DECEMBER 7, 2023

The US Patent & Trademark Office (PTO) published its final rule, creating a separate design patent bar where admitted design patent practitioners will practice in design patent proceedings only. (88 78644 (Nov. 16, 2023).). By: McDermott Will & Emery

Design Patent 66

Design Patent Designs Design Patent 66

JD Supra Law

MARCH 16, 2023

Hitherto, if cancellation or invalidation proceedings were brought against the United Kingdom designation of an International design or trademark where no representative had been appointed in the United Kingdom, the owner would have had an effective two month period within which to take action. By: Ladas & Parry LLP

Designs 52

Designs Design Trademark 52

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. For starters, Bob’s Burgers is already a trademark belonging to someone else. Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

JD Supra Law

MAY 22, 2024

The law for design patent obviousness may change in the upcoming months when a decision is issued from the Federal Circuit Court of Appeals from the February 2024 en banc rehearing of LKQ Corp. With the use of AI-assisted searching, design patent examiners appear to be issuing more obviousness rejections. By: Brooks Kushman P.C.

Design Patent 63

Design Patent Designs Design Patent 63

Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Apart from designer clothes, this year also saw the debut of new signature colours of two beloved luxury brands-Burberry and Gucci. Gucci currently has 29 registered trademarks in the EUIPO alone.

Trademark 92

Trademark Branding Brands Branding 92

JD Supra Law

MAY 18, 2023

The US Patent and Trademark Office announced a notice of proposed rulemaking on May 16 that would create a separate design patent bar. The proposed changes would effectively expand the admission criteria for those who practice in design patent cases before the USPTO. By: Morgan Lewis

Design Patent 98

Design Patent Designs Design Patent 98

Patent Trademark Blog

FEBRUARY 14, 2024

How do you register a logo trademark? Need to register a logo trademark? Here is a helpful resource on how to get started in registering a logo trademark with the USPTO. Need to trademark your logo? Want peace of mind knowing that your trademark application was filed properly with minimal risk of delay?

Trademark 52

Trademark Designs Design Registration 52

JD Supra Law

OCTOBER 6, 2023

If you are in business and use a word, phrase, symbol, design, or any combination of these to identify your goods or services, you have a trademark and need to consider "What does trademark law protect against?". By: Whitcomb Selinsky, PC

Trademark Law 110

Trademark Law Trademark Law Designs 110

JD Supra Law

OCTOBER 19, 2023

The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent. . By: Quarles & Brady LLP

Design Patent 61

Design Patent Designs Design Patent 61

JD Supra Law

OCTOBER 4, 2022

The World Intellectual Property Organization (WIPO) has announced plans to negotiate a Design Law Treaty (DLT). The goal of the treaty would be to harmonize different national legal systems for protecting industrial designs. By: AEON Law

Designs 98

Designs Design Law Intellectual Property 98

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 92

Registration Designs Design Journalism 92

IP Law 360

SEPTEMBER 26, 2023

Patent and Trademark Office issued its 1 millionth design patent to a licensed cosmetologist on Tuesday as more inventors apply for design patent protection than any other time in history.

Design Patent 75

Design Patent Designs Design Inventor 75

IP and Legal Filings

JULY 11, 2024

INTRODUCTION The time it can take to register a trademark can therefore take longer depending on several factors such as the jurisdiction to which it was processed, the materials that have been included in the application as well as whether there are opposing voices or objections prevailing over the trademark.

Registration 78

Registration Trademark Reporting Government 78

Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

Design Patent 52

Design Patent Designs Design Patent Application 52

Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

Design Patent 70

Design Patent Patent Infringement Designs Design 70

IP Law 360

MAY 23, 2024

Patent and Trademark Office has issued guidance laying out how to apply the Federal Circuit's Tuesday en banc decision, making the standard for obviousness in design patents more flexible.

Design Patent 52

Design Patent Designs Design Patent 52