JD Supra Law

MAY 1, 2023

In January of this year, the China National Intellectual Property Administration (CNIPA) published its draft 5th Amendment to the Chinese Trademark Law (a translated version is posted.)

Trademark Law 52

Trademark Law Trademark Law Marketing 52

Patently-O

FEBRUARY 3, 2023

The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

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Registration Trademark Social Media Music 128

Erik K Pelton

JULY 1, 2024

But, when it comes to the law trademarks, everything’s complicated with a lot of variables, and there are ways to work around it. A book title cannot technically be protected under trademark law, unless it is the title for a series of multiple books. The quick and short answer to “How can I protect a book title?”

Registering Trademarks 130

Registering Trademarks Trademark Social Media Trademark Law 130

Patently-O

NOVEMBER 29, 2021

The company had been using the name for several years in the payday loan business, and in 2012 expanded into pawn shops and then filed for registration for that usage in 2013. The USPTO then granted the registrations associated with the new uses.

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Trademark Law Trademark Law Registration 80

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.

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Trademark Law Trademark Law Registration 52

JD Supra Law

FEBRUARY 16, 2023

How would you pronounce #law? Is it “hashtag law,” as the PTO examiner suggested would be the most common understanding, or “pound law,” as alleged by the unsuccessful registrant of #law as a service mark.

Trademark Law 52

Trademark Law Law Social Media Service Mark 52

Erik K Pelton

JANUARY 12, 2022

The USPTO recently announced, via notice in the Federal Register , that it intends to issue electronic trademark registration certificates, and only will print physical certificates upon request and with a small fee ($25 per copy). EMP&A is a boutique trademark law firm located in Falls Church, Virginia. Introduction.

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Registration Trademark Intellectual Property Intellectual Property Law 162

LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. Overall Theme and Key Takeaway It should be noted that this will be the 5 th round of major amendments to the China Trademark Law since it was first adopted in 1982.

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Trademark Law Law Trademark Intellectual Property 52

JD Supra Law

JANUARY 31, 2023

Developments in practice opened new avenues for securing and enforcing trademark rights over the past year, including an “accelerated” path to trademark registration and additional guidance for invalidating bad faith registrations. By: Smart & Biggar

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Trademark Law Trademark Law Registration 52

43(B)log

OCTOBER 10, 2023

FRIDAY, NOV 3 2023 8:45AM - 3:30PM More info ADVANCED REGISTRATION REQUIRED ATTEND AT THE UNIVERSITY OF NEW HAMPSHIRE FRANKLIN PIERCE SCHOOL OF LAW OR BY ZOOM. Full program.

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Trademark Law Law Trademark Registration 45

The TTABlog

MARCH 7, 2022

Mikos takes the USPTO to task in his recent Vanderbilt Law Review article, "Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law" (pdf here ). He charges that "[i]n demanding compliance with sundry nontrademark laws, the PTO has lost sight of the statute it is supposed to administer."

Trademark Law 52

Trademark Law Law Trademark Registration 52

LexBlog IP

FEBRUARY 16, 2024

trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on it being invalid? Can you file anything to strengthen your trademark registration against invalidation?

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Registration Trademark Ownership Trademark Law 52

JD Supra Law

DECEMBER 28, 2023

In October, 2023, Korea passed a new trademark law to add flexibility to its strict trademark registration requiring that later-filed marks need to be completely unique from existing senior marks. Parties then have to resort to what is called the “assign back” system. By: Buchalter

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Trademark Intellectual Property Trademark Law Registration 116

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 80

Intepat

MAY 29, 2024

This blog delves into the essentials of trademark user affidavits, highlighting their significance, the information they must contain, and best practices for drafting them to ensure a successful registration process. This makes the Trademark User Affidavit an indispensable document in the registration process.

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Registration Trademark Advertising Advertising 52

Biswajit Sarkar Copyright Blog

JANUARY 10, 2023

What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. Under Section 31 , the registration certificate of the trademark serves as an evidence during infringement lawsuits.

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Registration Trademark Reporting Trademark Law 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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Registration Trademark Trademark Law Publishing 52

Canadian Intellectual Property Blog

JUNE 22, 2022

For example, whereas in the past, both unregistered and registered trademarks did not need to be translated into French, under Bill 96, only registered trademarks will be exempt from translation into French. Currently, it takes approximately two years for a trademark application to mature to registration in Canada.

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Trademark Law Trademark Law Registering Trademarks 52

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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Registration Trademark Intellectual Property Registering Trademarks 52

43(B)log

FEBRUARY 24, 2022

Mikos, Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law, 75 Vanderbilt Law Review 161 (2022) Abstract: For decades, the United States Patent and Trademark Office (“PTO”) has required trademark owners to comply with sundry nontrademark laws governing the sale of their trademarked goods and services.

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Law Trademark Law Registration Trademark 94

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

IP Blog

JUNE 29, 2021

Foreign individuals or organizations filing for trademark registration in Pakistan may find themselves curious when faced with the obligation to indicate the mark's "date of first use" in their application.

Trademark Law 52

Trademark Law Trademark Law Branding 52

JD Supra Law

SEPTEMBER 8, 2022

Since Article 8 of the Trademark Law of China (2001) stipulates that a three-dimensional sign can be filed for registration as a trademark, three-dimensional sign trademarks (also known as the “three-dimensional trademarks”) have been formally included in the scope of protection of the Trademark Law of China.

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Registration Trademark Trademark Law Law 52

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

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. In essence: ‘use it or lose it.’

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Editing Law IP Designs 105

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? Amazon's Quiet Overhaul of the Trademark System" (June 19, 2024), California Law Review , Volume 113, forthcoming 2025. Fromer, Jeanne C. and McKenna, Mark P.,

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Trademark Branding Brands Branding 51

Intellectual Property Law Blog

MARCH 13, 2024

The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

The TTABlog

DECEMBER 14, 2021

Sink your teeth into this Harvard Law Review note that strikes at the heart of trademark infringement doctrine: " Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement ," 35 Harv. This note posits that trademark law and the law of standing have grown apart. 667 (December 2021).

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Trademark Law Trademark Law Registration 75

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. More on this below.

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Registration Trademark Intellectual Property Designs 98

IP and Legal Filings

JANUARY 31, 2023

The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. Any brand that wants to have exclusive rights to a mark in a country must register its trademark.

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Law Branding Brands Branding 86

Patently-O

APRIL 1, 2022

No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it … (e) Consists of a mark which (1) when used on or in connection with the goods of the applicant is merely descriptive or deceptively misdescriptive of them.

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Registration Trademark Trademark Law Branding 78

The TTABlog

MARCH 2, 2022

Slade and yours truly, The TTABlogger , will present a webinar entitled "What Non-US Practitioners Need to Know About US Trademark Law and the Recent Trademark Modernization Act ("TMA")," on March 10th from Noon to 1 PM EST , sponsored by Wolf, Greenfield & Sacks, P.C. Admission" is free. Register here.

Trademark Law 52

Trademark Law Trademark Law Registration 52

The TTABlog

FEBRUARY 24, 2022

Slade and yours truly, The TTABlogger , will present a webinar entitled "What Non-US Practitioners Need to Know About US Trademark Law and the Recent Trademark Modernization Act ("TMA")," on March 10th from Noon to 1 PM EST , sponsored by Wolf, Greenfield & Sacks, P.C. Admission" is free. Register here.

Trademark Law 52

Trademark Law Trademark Law Registration 52

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.

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Trademark Intellectual Property Registration Registering Trademarks 88

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

JD Supra Law

JANUARY 6, 2022

The use of a trademark in commerce is an important aspect of U.S. trademark law; however, an increasing number of trademark registrations have been obtained and maintained for marks that are not in use in U.S. This year kicked off with new tools to help brand owners protect and enforce their marks. By: Jones Day

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Trademark Trademark Law Branding Brands 108

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