Kashishipr

DECEMBER 1, 2021

It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. Such ‘proof of use’ can also be demanded by the proprietor of trademark registration being relied upon as the basis of an infringement action.

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Intepat

JUNE 19, 2024

Intellectual Property is often aligned with a set of intangible assets including invention & creation and when it comes to trademark prosecution it is highly crucial to substantiate your creation with appropriate supporting documents to make your case strong. These documents are termed documentary evidence.

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Patent Trademark Blog

SEPTEMBER 13, 2021

What happens when a trademark registration is not renewed? Trademark registrations have strict time periods for renewal. In trademark vocabulary, the process of “renewing” a registered trademark is known as post-registration maintenance.

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IP and Legal Filings

APRIL 13, 2023

Process of trademark registration Firstly, A trade mark can be owned by: • One or more individuals • An incorporated company • The trustee(s) of a trust • A political body • A State, Territory or Commonwealth government entity. For other trademarks and special registration types, use the standard trade mark application service.

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Erik K Pelton

JANUARY 26, 2021

The first one, perhaps the easiest one, is use the ® R with a circle symbol frequently in connection with the registered trademark. Trademark registration requires a renewal at the USPTO. The initial renewal is due after five years of registration, then after 10 years, 20 years, et cetera.

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Intepat

DECEMBER 1, 2023

Any entity spotting an identical or similar trademark in the Trademark Journal can file an opposition to its registration. The Trademark Act, 1999, and the Trade Marks Rules, 2017 (“Trade Mark Rules”) outline the trademark opposition process.

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Corsearch

SEPTEMBER 28, 2023

Unauthorized utilization of a mark resembling yours constitutes trademark infringement, encompassing both visual and auditory similarities. Conversely, Lookalikes and replica products intentionally exclude trademarks from their design and packaging. Once you’ve uploaded your documents, you can submit IP registrations for verification.

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Garrigues Blog

JULY 10, 2023

The use of a trademark is crucial to preserve the rights in the mark. However, whereas in the US the statement of use is essential to maintain the registration, in the EU, it does not exist. However, this article does not seek to lay down the ten commandments of trademark registration and protection. Let’s take a look.

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Biswajit Sarkar Copyright Blog

JUNE 4, 2023

Obtaining a trademark for virtual goods helps establish brand recognition, prevents unauthorized use, and enhances the value of your virtual creations. 3) File a Trademark Application: Once you have determined the appropriate class, you can proceed to file a trademark application with the Trademark Office in India.

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IP and Legal Filings

JUNE 26, 2022

NEED & BENEFITS OF REGISTERING TRADEMARK: As seen above trademark registration can be granted for words, logos, slogans, devices and more in India. Question which arises at this stage is why the registration is required at all if there are common law defenses available, answer to which will be discussed as we move.

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LexBlog IP

OCTOBER 20, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. The Back Story In 2003, Great Concepts applied to register DANTANNA’S for restaurant services. Chutter, Inc., 2022-1212). In 2015, Chutter, Inc.

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Patently-O

OCTOBER 18, 2023

18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Their disagreement centers on the scope of “maintaining” a registration and policy concerns over deterring false statements. I’m sure they are lovely.

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IP and Legal Filings

JULY 28, 2022

The Act, however, focused not only on the intention of the use but the actual use for the purpose of registration. However, in response to the international pressure, through an amendment in 1988, the intent to use was considered as a ground for registration.

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SpicyIP

SEPTEMBER 13, 2021

I covered the recommendations of the Report which includes reforming Section 3(p) of the Patents Act to incentivize TK-based innovation, creating a proper documentation mechanism to prevent misappropriation of TK, and registration of traditional knowledge as GIs. The Ministry had claimed that 14.2 Other News from Around the World.

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Biswajit Sarkar Copyright Blog

AUGUST 2, 2022

An assignment occurs when the ownership of the trademark is transferred from the assignor to the assignee along with or without the goodwill of the business. In the case of registered trademarks, the assignment has to be recorded in the Trademark Registry. Registration of Assignment.

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Selvam & Selvam Blog

AUGUST 20, 2023

Ramya S.Moorthy vs. the Registrar of Trade Marks When a trademark application is filed and subsequently accepted by the Trademark Office, it doesn’t mean an immediate registration. Rule 18 of the Trademarks Rules 2017 : Service of Documents by the Registrar. (1)

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Kashishipr

OCTOBER 12, 2022

What is the Importance of Trademark Assignment? Owning a registered trademark safeguards your brand from cyber criminals and enables you to realize the actual worth of your brand name and identity. Trademark assignment is one of the many advantages that come with obtaining a trademark registration.

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IP and Legal Filings

OCTOBER 28, 2022

registration requirements. Additionally, pursuant to Article 25 of the ITE Law, electronic information and electronic documents formed into an intellectual work, internet site or intellectual work contained therein are protected by intellectual property rights. cross-border transfer of personal data. electronic data deletion.

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LexBlog IP

SEPTEMBER 13, 2023

37 CFR Part 6 is a specific section within the Code of Federal Regulations that governs the classification of goods and services for the purposes of registering trademarks under the U.S. Trademark Act. classifications in line with international standards, simplifying international trademark registration.

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Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” ” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'”

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Intepat

MAY 24, 2023

More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. More and more countries have signed up to this unique international trademark registration system. In such scenarios, the mark may be refused registration.

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TraskBritt Intellectual Property

MARCH 22, 2021

Trademarks are a word, phrase, symbol, and/or design that identifies goods and/or services and also distinguishes the source of those goods from other sources of similar goods. In the United States, trademark protection is available at common law without the need for registration. Requirements for a Trademark Application.

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. One option is to institute an opposition with the Trademark Trial and Appeal Board (the “TTAB”) to challenge their registration of the mark. What can you do?

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43(B)log

DECEMBER 28, 2022

incorporation of documents into the complaint by reference, both often significant in false advertising cases. Barilla asked the court to take judicial notice of front and side-nutrition labels for Barilla-brand pastas as well as documents related to Barilla’s trademark, “Italy’s #1 Brand of Pasta.”

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Biswajit Sarkar Copyright Blog

JULY 19, 2023

The duration of the registration of the mark under the Trade Marks Act, 1999. Enhanced Remedies : In case of infringement proceedings, the proprietors of well-known trademark are awarded with stronger legal remedies, such as injunctions, damages, and criminal penalties by the court.

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Kashishipr

JANUARY 27, 2022

A Non-Disclosure Agreement (abbreviated as NDA) is a legal document signed to safeguard the previously-mentioned sensitive information. They may opt for different ways to safeguard their IP, including IP registrations and protecting the IP assets with an NDA. What Should an NDA Incorporate Within its Documentation?

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SpicyIP

NOVEMBER 7, 2022

The Division Bench of the Delhi High Court upheld that order of the commercial court and reiterated that registration over a composite mark does not guarantee a protection over any specific part of the mark. The Registrar Of Trade Mark and Jindal Industries Pvt. Ltd vs The Registrar Of Trade Mark on 3 November, 2022 (Delhi High Court).

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LexBlog IP

APRIL 27, 2023

It found that the plain meaning of “proceeding” includes court cases because court cases can “affect” a trademark. This includes, among other things, determining whether someone has the right to register a mark, canceling a registered mark or restoring canceled registrations. [3] Entities Non-U.S.

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Selvam & Selvam Blog

NOVEMBER 3, 2022

vs Tata Sia Airlines Limited CS(COMM) 54/2022 was instituted by Frankfinn to refrain Tata from using their registered trademark ‘Fly High’. The case, Frankfinn Aviation Services Private Ltd.

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Intepat

NOVEMBER 7, 2022

Trademark Registration Fees. When it comes to trademark registration fees in India, there are several essential things to keep in mind. The first is that the fee for filing a trademark application with the Indian Trademark Office (ITO) can vary depending on the type of trademark that you are filing for.

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LexBlog IP

FEBRUARY 26, 2023

However, the modern concept of trademarks as legally protected intellectual property emerged in the late 19th century. The first trademark registration system was established in the United Kingdom in 1875 with the Trade Marks Registration Act. However, trademark protection in the U.S.

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SpicyIP

SEPTEMBER 6, 2021

Madhya Pradesh High Court in M/s Mold Tek Packing Ltd. A Bangalore District Court in P Kanthilal v.

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Kashishipr

DECEMBER 28, 2021

An FTO analysis always starts with searching the patent literature and documents for granted or pending patents. Patents have a limited scope, and it is defined in the claims section of a patent document. Conducting an FTO analysis based on the search of patent documents and literature is only the first step.

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IP and Legal Filings

JANUARY 4, 2022

The Nice Agreement, concluded at Nice in 1957, revised at Stockholm in 1967 and at Geneva in 1977, and amended in 1979, establishes a classification of goods and services for the purposes of registering trademarks and service marks (the Nice Classification).

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Kashishipr

MAY 25, 2022

A patent search is the first step of the Patent Registration process in India, and that too is a crucial one. The same shall assist you significantly in identifying, matching, and comparing the relevant patent or non-patent documents to determine the patentability of your proposed invention. Patent Search and its Importance.

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Corsearch

AUGUST 14, 2023

Trademark infringement occurs when a mark resembling yours is used without authorization. Counterfeiting is one form of trademark infringement, where exact copies of registered trademarks are used to deceive customers and pass off as your brand.

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Kashishipr

JULY 21, 2021

Usually, the documents that e-commerce sites would need to be submitted along with the take-down notice are as follows: Proof of Identity – Business incorporation certificate for companies, identification document such as a passport for individuals.

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