IP and Legal Filings

NOVEMBER 12, 2024

Introduction Registration of a trademark is an important step toward building a brand on solid ground. Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademark registration. What may pass for the other country may not go well in this country.

Trademark 97

Trademark Branding Branding Brands 97

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.

Registration 162

Registration Trademark Intellectual Property Intellectual Property Law 162

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.

Trademark Law 105

Trademark Law Trademark Law Branding 105

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 Designs 128

IP and Legal Filings

FEBRUARY 2, 2024

To provide security and prevent this, Indian law has established protection for marks and symbols with religious connotations; hence, if a mark includes anything that might offend a certain class of people or segment of the public due to their religious sensibilities, protection may be denied to such a mark [4]. Lal Babu Priyadarshi [9].

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

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.

Trademark Law 80

Trademark Law Trademark Law Registration 80

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. Final Thoughts.

Registration 105

Registration Trademark Branding 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.

Registration 98

Registration Trademark Trademark Law Law 98

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 98

Registration Trademark Reporting Government 98

Likelihood of Confusion

FEBRUARY 10, 2025

However, that setbackdid not dissuade him from continuing to push against trademark law limitations. Recently, the USPTO issued a trademark registration certificate for his sensory mark. Republished by Blog Post PromoterFrom Dennis Crouch: Carl Oppedahl lost his case to register themark patents.com.

Trademark Law 52

Trademark Law Music Registration Blogging 52

Patently-O

MARCH 12, 2025

March 12, 2025) In an interesting trademark decision, the Federal Circuit has clarified that terms once considered generic do not necessarily remain permanently unregistrable. provides important guidance on genericness timing and addresses a question of first impression in trademark law.

Trademark 66

Trademark Registration Branding Branding 66

SpicyIP

FEBRUARY 4, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Gensol EV also created a “ezio” logo for the vehicle design and secured a registration of the word mark EZIO on a proposed to be used basis ( Class 12 ) with the Trade Marks Registry.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

43(B)log

MARCH 19, 2025

As a result, religious independence and mother-tongue/linguistic independence are highly valued in these countries, and are the context by which the morality of trademarks within the borders of these countries are assessed. Jesus) as trademarks is likely to undermine/offend religious value and sentiments.

Trademark 52

Trademark Trademark Law Registration Registering Trademarks 52

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.

Registration 98

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. In essence: ‘use it or lose it.’

Editing 105

Editing Law IP Designs 105

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

Trademark 120

Trademark Intellectual Property Trademark Law Registration 120

SpicyIP

MARCH 20, 2023

on banking regulations and its observations on the use of trademark as collateral. Bharat is a fourth-year student at the National Law School of India University, Bengaluru. Therefore, the law usually has registration requirements (known as ‘perfection’ of security) that are meant to serve as public notice to the world at large.

Registration 111

Registration IP Copyright Due Diligence 111

SpicyIP

MAY 14, 2022

Shamnad Basheer’s 46th birth anniversary today, we at SpicyIP are proud to announce the third edition of the Shamnad Basheer Essay Competition on Intellectual Property Law. The response to the competition was overwhelming in the previous years and we’ve received entries from law students across India on an impressive range of topics.

Intellectual Property Law 135

Intellectual Property Law Intellectual Property Law Editing 135

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.

Law 94

Law Trademark Law Registration Trademark 94

The IPKat

DECEMBER 29, 2024

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. Bone (University of Texas). Trade marks Marcel Pemsel reviewed a recent decision of the General Court concerning Art.

Editing 59

Editing Registration Trademark Law Art 59

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

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. Trademark and Halloween Costumes. Bottom Line.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

JD Supra Law

AUGUST 8, 2024

For startup founders, navigating the complexities of trademark law is essential for protecting your brand. These are formal disputes aimed at challenging an application or registration for a trademark. An important aspect of this process involves understanding opposition and cancellation proceedings.

Trademark 116

Trademark Trademark Law Registration Branding 116

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.

Trademark 59

Trademark Branding Branding Brands 59

43(B)log

JUNE 24, 2022

It’s always been clear to McKenna that TM use is everywhere in TM law, but almost always implicit or found in its absence. U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v. Registration v. Much of the law is a collection of rules of thumb from registration context.

Trademark Law 75

Trademark Law Law Trademark Registration 75

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.

Law 105

Law Branding Branding Brands 105

JD Supra Law

JUNE 19, 2024

In a landmark decision written by Justice Clarence Thomas, the Supreme Court has unanimously upheld the constitutionality of the Lanham Act’s provision that prohibits the registration of trademarks consisting of, or comprising the name of, a particular living individual without the individual’s written consent.

Trademark Law 65

Trademark Law Trademark Registration Law 65

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

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.

Trademark 52

Trademark Intellectual Property Branding Branding 52

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?

Registration 97

Registration Trademark Law Trademark Law 97

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. Unicolors, Inc. Factual and Procedural Background.

Registration 98

Registration Blogging Copyright Designs 98

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

Trademark 111

Trademark Trademark Law Registration Branding 111

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

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.

Trademark 111

Trademark Intellectual Property Trademark Law Registration 111

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).

Trademark 75

Trademark Law Trademark Law Registration 75

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.

Registering Trademarks 105

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.

Trademark 105

Trademark Registration Branding Branding 105