The IPKat

DECEMBER 29, 2024

Wrapping up another year filled with IP, here is what you might have missed from last week! Book Review dreaming of a purr-fect new year full of IP Jocelyn Bosse reviewed the book Research Handbook on the History of Trademark Law , edited by Lionel Bently (University of Cambridge) and Robert G.

Editing 58

Editing Registration Trademark Law Art 58

Kashishipr

MAY 11, 2022

Under Section 2(1)(zb) of the Act, any word, label, name, device, brand, ticket, signature, heading, letter, numeral, the shape of products, packaging, the combination of colors, or any combination thereof can be registered as a trademark if the same fulfills the criteria of distinctiveness and graphical representation. Final Thoughts.

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Trademark Law Trademark Law Brands 105

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

Kashishipr

APRIL 27, 2022

A proposed motion trademark can be made with the help of animations, different computer programs, or any moving object existing around the company. While applying for the Trademark Registration of a motion mark in India, it is essential to ensure that the mark is capable of being depicted on paper. For more visit: [link].

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Registration Trademark Brands Branding 105

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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Registration Trademark Trademark Law Law 98

IP and Legal Filings

FEBRUARY 2, 2024

As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited. Difference Between Trademark and Service Mark. Lal Babu Priyadarshi [9]. 1] Acharya, M.

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Trademark Law Trademark Law Service Mark 98

IPilogue

OCTOBER 7, 2021

The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada.

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IP Intellectual Property Trademark Law Ownership 105

Kashishipr

SEPTEMBER 20, 2021

It further added that an individual could either own a registered trademark or copyright but not both. The argument that copyright protection and trademark registration were two different things and lacked connection and that an individual or entity couldn’t own both was wholly incorrect. Concluding Remarks.

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Registration Artistic Work Copyright Registering Trademarks 98

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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Editing Law IP Designs 105

Intepat

DECEMBER 4, 2024

However, unconventional trademarks challenge traditional concepts of visual representation, leading to significant complexities in their registration, protection, and enforcement. The Lanham Act in the United States allowed broader interpretations, recognizing sound marks as trademarks as early as 1978. John Distilleries Ltd.

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Trademark Intellectual Property Brands Branding 52

IP and Legal Filings

APRIL 7, 2025

Global brands must adopt an international trademark strategy by registering their trademarks in multiple jurisdictions under treaties such as the Madrid Protocol. Use wide words in naming trademark applications because it is already prepared for advances in the technology or product development.

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Trademark Brands Branding Branding 59

azrights

MAY 3, 2022

Though many important decisions people make when creating a new brand identity are intellectual property decisions, IP lawyers are rarely involved in the naming and brand creation process. . As a trademark lawyer, I began to ask myself why? So, I wrote Brand Tuned, the new rules of branding, strategy and intellectual property. .

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Brands Branding Branding Registration 119

The IP Law Blog

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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IP Intellectual Property Social Media Cease and Desist 98

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. Legal Background: Registration. Unicolors, Inc.

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Registration Blogging Copyright Designs 98

CoCal IP Law Institute

JUNE 28, 2024

Colorful Conflicts and Bold Boundaries: A Sampling of Trademark Law in 2024 The first half of the year has seen notable developments in trademark law. These [.]

Trademark Law 52

Trademark Law Trademark Law Registration 52

IP and Legal Filings

MAY 17, 2022

A trademark application is submitted to the Trademark Office at the Industrial Property Directorate by the applicant if he is a national or resident in the Kingdom of Bahrain. Foreign applicants who are not resident in the Kingdom must apply through IP Registration Agents or law firms authorised by the Industrial Property Directorate.

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IP and Legal Filings

JULY 13, 2024

Introduction In this blog I will discuss the registration obstacles for non-conventional marks in India and in the UK. In my analysis I will focus on sound marks and smell marks when discussing the development of the law in the two countries. What is a non-conventional trademark?

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Registration Trademark Law Trademark Law 97

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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Trademark Law Trademark Law Brands 52

IP and Legal Filings

JUNE 12, 2023

To do this, food firms invest a lot of money in developing and promoting distinctive brands and are increasingly turning to intellectual property (IP) protection as a means of establishing or maintaining their leadership in the industry. IP provides a wide range of tools that can help businesses stand apart from the competitors.

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IP Intellectual Property Trademark Designs 98

IP Tech Blog

FEBRUARY 27, 2023

The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law. If adopted in its current version and without further modifications, this amendment would have a considerable impact on many aspects of trademark law and practice in China.

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Trademark Trademark Law Registration Intellectual Property 113

IP Watchdog

APRIL 4, 2022

On February 14, 2022, the China National Intellectual Property Administration (CNIPA) issued a notice regarding “clout-chasing” trademark applications or registrations (the “Notice”). In fact, clout-chasing, a specific type of bad-faith trademark application, has become much more prevalent in recent years.

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Trademark Intellectual Property Trademark Law Registration 111

IP and Legal Filings

SEPTEMBER 16, 2021

Global and Indian laws concerning smell trademarks. While several countries have allowed the registration of smell marks, laws concerning the registration of smell marks are largely inchoate. Thus, Court decisions and the USPTO have time and again granted the registration of smell marks.

Trademark Law 52

Trademark Law Trademark Law Registration 52

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.

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Trademark Registration Trademark Law Law 95

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. External signifiers of other IP protection?

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Trademark Law Law Trademark Registration 75

SpicyIP

MARCH 14, 2025

While burgers in the trademark case Burger King Co. v Anahita & Shapoor Irani excite us for the spicy IP discussions involved, courts in India also seem to express their love for whoppers by taking more than 14 years to settle the dispute. Sulochana Bai (2016) on priority in adoption superseding subsequent registration w.r.t.

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IP and Legal Filings

MAY 18, 2023

The Court refuted the Plaintiff’s incongruous argument that infringement should be judged solely from the viewpoint of an average consumer, who is ignorant of prior art and judges based on visual impact alone, despite registration and novelty being adjudicated based on the instructed eye.

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Designs Design Art Trademark Law 98

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.

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Registration Trademark Brands Branding 52

SpicyIP

SEPTEMBER 16, 2024

The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. These entities generally do a check to avoid duplication before registration, however, such registration lacks legal sanctity.

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Registration Television Trademark Trademark Law 105

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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Registering Trademarks Trademark Registration Trademark Law 105

Kashishipr

SEPTEMBER 8, 2021

However, one should keep in mind that the Trademark Rights arise out of use or maintenance of the exclusive rights concerning some specific products or services. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement. Generic Trademark. Scholastic Inc.

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Trademark Registration Brands Branding 105

IP and Legal Filings

SEPTEMBER 19, 2023

Once the application is filed, it will be examined by the IPI to ensure that it meets the requirements for registration. If the trademark is found to be eligible, it will be published in the Trademarks Journal, and any interested party will have a chance to oppose the registration. Maccoffee first appeared on IPLF.

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Trademark Intellectual Property Registration Registering Trademarks 98

IPilogue

OCTOBER 18, 2022

Cynthia Zhang is an IP Intensive Student and a 3L JD Candidate at Osgoode Hall Law School. After a test copy of New Genesis was leaked online, WOTC took issue with development company TSR LLC’s use of their IP rights in the game. Compared to other practice areas, trademark law is often seen as purely a business mechanism.

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Trademark Trademark Law Intellectual Property Law Publishing 101

IP and Legal Filings

DECEMBER 17, 2024

Non-Conventional trademarks are full of potential but still present some unique challenges, especially in jurisdictions like India, which is in process of evolving & developing their legal framework to accept these novel identifiers. On the other hand, single colour trademarks are not specifically mentioned in the act.

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Trademark Brands Branding Branding 52

IP and Legal Filings

FEBRUARY 20, 2023

The process of allotting and reserving domain names is handled by a domain name registrar who also regulates the assignment of IP addresses for those domain names. Naturally, in the absence of specific legislation protecting domain names, the judicial opinion in protecting domain names in India relies on the principles of trademark law.

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Trademark Registering Trademarks Registration Trademark Law 98

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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Registration Registering Trademarks Trademark Cease and Desist 52

SpicyIP

OCTOBER 11, 2022

We’re pleased to bring to you this post by UNH Franklin Pierce, wherein different faculty members at the law school discuss what they see as the emerging spheres of IP law. We asked faculty at UNH Franklin Pierce to predict emerging spheres of IP law. University of New Hampshire Franklin Pierce School of Law.

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IP Law Intellectual Property Privacy 81

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 use of the phrase “any law” in 11(3)(a) of the Act must be read contextually as it is subject to Section 11(5). In the case of Armasuisse v.

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Registration Trademark Intellectual Property Designs 75