IP and Legal Filings

JULY 28, 2022

The history of the federal trademark law is almost as old as the Constitution. On July 8, 1870, the Federal Trademark was enacted as the first US Federal law to protect the trademarks. In its place, a trademark law on March 3, 1881, was enacted that targeted the trademarks used in interstate commerce.

Trademark 91

Trademark Registration Trademark Law Law 91

Intepat

SEPTEMBER 3, 2024

Trademarks are valuable IP assets, but the manual registration process may seem inefficient with AI revolutionizing this landscape by employing advanced tools, automating key steps from search to examination.

Registration 52

Registration Trademark Branding Brands 52

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

Government 147

Government Business Trademark Blogging 147

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Lanham Act, Section 45.

Registration 61

Registration Branding Brands Branding 61

IP and Legal Filings

OCTOBER 28, 2022

registration requirements. Provisions of intellectual property law will be applicable to NFTs. 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.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

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.'”

Trademark 124

Trademark Fair Use Registration Licensing 124

IP and Legal Filings

SEPTEMBER 10, 2024

Mistakes to prevent when filing for a trademark Selecting a Descriptive Mark or a Generic Mark: One of the most repeated mistakes is selecting a descriptive or a generic mark for goods & services. Registration of everyday words such as “bottle”, “company” etc, is not allowed.

Trademark 93

Trademark Cease and Desist Branding Brands 93

Patent Trademark Blog

NOVEMBER 8, 2023

Can you speed up a China trademark application? Starting in 2022, you can now seek a faster registration of your trademark in China. The Chinese trademark office, known as the China National Intellectual Property Administration (CNIPA) , will now accept requests for expedited trademark examination.

Trademark 52

Trademark Registration Intellectual Property Trademark Law 52

SpicyIP

AUGUST 10, 2024

Recently Lupin Atlantis Holdings SA secured trademark registrations for three colour combinations for its inhalers. Documents available on the Trade Marks Registry’s website show applications for the grey-olive green (see here ) and grey-pink (see here ) combination were made in December, 2019. Sabeeh Ahmad.

Trademark 118

Trademark Registration Reporting Marketing 118

The TTABlog

JUNE 24, 2024

Despite all the hoopla about the Supreme Court's rulings in Tam , Brunetti , and Elster , how much do those rulings affect the everyday practice of trademark law? Available here Abstract Amazon's dominance as a platform is widely documented. Amazon's impact raises profound questions for trademark law, and for law more generally.

Trademark 53

Trademark Branding Brands Branding 53

Garrigues Blog

FEBRUARY 21, 2023

of the implementing regulations of the Trademark Law , applications for invalidity must include the following: The particulars of the applicant and of its representative if the application is filed through the representative. The number of the mark for which invalidity is sought (contested registration) and the name of its owner.

Trademark 52

Trademark Trademark Law Patent Registration 52

IP and Legal Filings

MAY 17, 2022

In the Saudi Arabia, trademarks are governed by the Trademarks Regulation, Royal Decree No M/21 of 28 Jumada Awal 1423 Hejra (corresponding to 8 August 2002), and its Implementing Rules of the same year. Trademarks are also governed by the Gulf Cooperation Council (GCC) Trademark Law, which Saudi Arabia adopted on 27 September 2016.

Trademark 52

Trademark Registration Intellectual Property Trademark Law 52

Garrigues Blog

DECEMBER 10, 2024

Acquired distinctiveness is a powerful tool that enables a mark, that would otherwise fall short of the minimum distinctiveness threshold to be registrable as a trademark, to be protected as such. Acquired distinctiveness is a fundamental concept in trademark law. In a similar case involving EU trademark no.

Trademark 52

Trademark Intellectual Property Registration Marketing 52

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

To obtain trademark protection, a business must first adopt a graphically represented mark which is unique and distinguishable. Section 9(1) (c) of the Trademark Act, 1999 prohibits the registration of words used commonly. It takes years for them to get registration. This phenomenon is called acquired distinctiveness.

Business 52

Business Trademark Registration Cease and Desist 52

Velocity of Content

JULY 26, 2022

But trademarks are not mentioned in that foundational document. This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. federal government did so (see 15 U.S.

Trademark 98

Trademark Government Copyright Service Mark 98

The IP Law Blog

JANUARY 12, 2023

If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. .

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

FEBRUARY 27, 2023

The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law. The document is still under examination and has been disclosed to the public for comments. One of those aspects is the never-ending fight against trademark squatters.

Trademark 52

Trademark Trademark Law Registration Intellectual Property 52

Intepat

JUNE 17, 2024

Trademark law underwent substantial changes, both multilaterally and regionally. The Paris Convention established the beginning of the international trademark system, and the Paris Union was expanded by a distinct union which is collectively known as the Madrid system. Allows payment of one set of fees.

Registration 52

Registration Design Designs Trademark 52

IP and Legal Filings

OCTOBER 6, 2022

GIs are protected under the Trademarks Law as collective or certification marks, the Pyidaungsu Hluttaw Law No. Two protection systems of geographical indication’s products are registration system and non-registration system. Who can apply for GI registration? 3, which is enacted on 30 January 2019.

Registration 52

Registration Trademark Law Intellectual Property Trademark 52

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. Patent Law.

Law 62

Law Design Designs Trademark 62

SpicyIP

MAY 3, 2023

This incident is an addition to the trail of misadventures that trademark practitioners have faced before the Registry and we thought it would be beneficial to invite an experienced practicing trademarks lawyer to share with us their insights on this and the state of affairs before the Registry in general.

Trademark 102

Trademark Reporting Contracts Registration 102

Technology & Marketing Law Blog

OCTOBER 19, 2021

Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., If it had, it would have eliminated the distinctions between IP law and the law of chattels. If it had, it would have eliminated the distinctions between IP law and the law of chattels.

Licensing 105

Licensing Copyright Contracts Advertising 105

SpicyIP

JANUARY 23, 2023

The Defendant argued that the suit design was published prior to the date of registration under a different trade name. What has to be seen is whether the coolers bearing the suit design were available online prior to the date of application, by the plaintiff, for registration of the design. Case: Mr. Ashok Kumar Gupta & Anr vs Ms.

Design 105

Design Designs Invention Registration 105

Intepat

JULY 4, 2024

These regulations do not provide for a new regulation, rather discuss the risks associated with using AI for drafting, filing and interacting with the documents and USPTO systems. Accountability AI can help address trademark infringement but faces challenges in evaluating target audiences and their interest in specific product categories.

Trademark 52

Trademark Confidentiality Intellectual Property Trademark Law 52

Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win.

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

LexBlog IP

MARCH 13, 2024

The Offices agreed with these assessments and did not believe that changes to intellectual property laws, or to the Offices’ registration and recordation practices, are necessary or advisable at this time. The USPTO has provided guidance on these issues and will continue to work with stakeholders to identify additional needs.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

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?

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. Restrictions on Trademark Assignment.

Trademark 52

Trademark Branding Brands Branding 52

Dear Rich IP Blog

SEPTEMBER 16, 2020

A company from Coral Gables, Florida applied for the Louise Brooks trademark in 2018. The application seemed doomed in February 2019, when the USPTO trademark examiner issued a final office action (FOA) denying registration. List of goods that are part of the Louise Brooks trademark registration. (1) 15 USC Sec.

Public Domain 52

Public Domain Graphic Design Art Trademark 52

LexBlog IP

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. Patent Law.

Law 52

Law Design Designs Trademark 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Verify the third-party seller’s identity, principal place of business, and contact information through “reliable documentation, including to the extent possible some form of government-issued identification.” ” [This is the most coveted payload for trademark owners. Lack of State Preemption.

Trademark 144

Trademark False Advertising Advertising Advertising 144

SpicyIP

JANUARY 31, 2024

Upon cross-checking, while I couldn’t see a separate registration for the above tagline, I found the registered mark “ Daryaganj – By the inventors of Butter Chicken and Dal Makhani (Logo and device) ” Given these details (i.e., The plaintiffs’ precise argument and its foundation—be it registration or reputation—remain ambiguous.

Inventor 64

Inventor Ownership Reporting Registration 64

LexBlog IP

SEPTEMBER 13, 2023

This class is particularly important for businesses and brands operating in the cosmetics and cleaning industries, as it governs how such products are classified for trademark registration purposes. classifications in line with international standards, simplifying international trademark registration.

Trademark 52

Trademark Intellectual Property Editing Registration 52

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. In other words, it could be said that it is the first commandment of trademark law. Let’s take a look.

Trademark 40

Trademark Registration Registering Trademarks Intellectual Property 40

SpicyIP

APRIL 30, 2023

The author questions this order, looking at prior case laws, and discusses how it inadvertently also limits the importance of the documents in rectification matters. Delhi High Court dismisses a rectification petition against the registration granted to “Burger King.” Other posts Rochem v.

Confidentiality 105

Confidentiality Trademark Copyright Patent 105

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

Trademark 40

Trademark Registration Intellectual Property Litigation 40