IP and Legal Filings

FEBRUARY 20, 2023

However, the same process does not include any examination or verification to determine whether the domain name is distinctive or capable of distinguishing itself from the competition, i.e., existing domain names that are clearly in violation of trademark law.

Trademark 98

Trademark Registering Trademarks Registration Trademark Law 98

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.

Registration 52

Registration Trademark Trademark Law Publishing 52

IPilogue

OCTOBER 18, 2022

This is an interesting example of how intellectual property law can be utilized to smother the proliferation of harmful views. The context surrounding the litigation shows that protecting business interests is not trademark law’s sole function. . We will be following the outcome of this dispute as litigation continues.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

Erik K Pelton

MAY 28, 2024

trademark prosecution, maintenance, and litigation. trademark registrations and have been involved in dozens of disputes before the Trademark Trial and Appeal Board (“TTAB”). trademark registrations. trademark registrations. 20,897 (March 24, 2024) (“Rulemaking”).

Registration 147

Registration Business Trademark Reporting 147

Patently-O

JULY 19, 2023

Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right. It is common for litigation to assert both. The straggler here is the right of publicity, often termed Name Image & Likeness or NIL rights.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

Traverse Legal Blog

JULY 14, 2022

If the infringer does not comply, this cease and desist letter now becomes evidence in your trademark infringement litigation. If a cease and desist letter does not clear up the matter, then it may be time to litigate. Were you using your trademark before the alleged infringer? Has your trademark registration ever lapsed?

Cease and Desist 98

Cease and Desist Trademark Litigation Intellectual Property 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

Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. ” That’s true.

Trademark 133

Trademark Fair Use Trademark Law Branding 133

The IP Law Blog

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. The registration procured by Ohio State covers t-shirts, caps, and hats. With that in mind, we can return to the significance of this registration.

Trademark 97

Trademark Registration Intellectual Property Television 97

LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Ownership of trademark rights is not contingent on a registration. A disclaimer does not save you from trademark infringement liability.

Litigation 52

Litigation Artistic Work Branding Branding 52

Erik K Pelton

JUNE 10, 2023

Since 1999, our firm has registered more than 4,000 trademarks for clients who are overwhelmingly small businesses, and the firm itself is a small business that owns more than a dozen of its own trademark registrations. The comments today, however, are made solely on behalf of our firm.

Business 130

Business Trademark Registration Inventor 130

IP and Legal Filings

DECEMBER 13, 2024

The Trade Marks Act, 1999 governs the use of trademarks in India. It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks. That, whether the respondent exploit the unfair advantage of the petitioner brands goodwill in the trademark application?

Trademark 98

Trademark Branding Branding Brands 98

IP and Legal Filings

SEPTEMBER 12, 2024

It is this judgment that more or less laid the foundation of “trans-border reputation” in Indian trademark law. Whirlpool was able to claim rights over its trademark in this country, even though it didn’t have a physical presence here and did not have any registration at that time.

Branding 98

Branding Brands Branding Trademark 98

SpicyIP

SEPTEMBER 11, 2023

This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Plus, I argue that the liability of such an agent should be analogized with legal practitioners for which we already have sound jurisprudence and laws regarding professional conduct.

Government 105

Government Trademark Patent Patent Application 105

The IP Law Blog

SEPTEMBER 1, 2022

Bieber’s use of Rhode in connection with skin care products is likely to create consumer confusion, despite the fact that their federal trademark registration does not include skin care products. To that end, the fashion brand claims it has common-law trademark rights concerning such goods.

Branding 98

Branding Branding Brands Trademark 98

The TTABlog

JANUARY 4, 2023

the TTAB ordered cancellation of two registrations for the mark COHIBA for cigars, one in typeset and one in stylized form. The owner of the cancelled registrations is General Cigar Co., based cigar manufacturer that first obtained a COHIBA registration in 1981 and has sold COHIBA cigars in the U.S. General Cigar Co.,

Registration 61

Registration Trademark Law Trademark Branding 61

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it.

Registration 93

Registration Trademark Trademark Law Marketing 93

SpicyIP

SEPTEMBER 8, 2023

A trio of recent orders from these cases has raised both eyebrows and hopes of IP litigators for witnessing a shift in the Court’s stance on granting ex parte interim injunctions to be considered not only on procedural grounds but also on substantive grounds.

Registration 111

Registration Trademark Marketing Marketing 111

The TTABlog

OCTOBER 21, 2024

Farmer , the founder of Leading Edge Law Group, PLC , in Richmond, Virginia, has for more than 25 years written a monthly column for the Richmond Times on breaking legal issues in the e-commerce, intellectual property and high-tech fields. He also lectures annually for the Virginia bar on trademark law developments.

All Rights Reserved 49

All Rights Reserved Trademark Registration Intellectual Property 49

SpicyIP

SEPTEMBER 26, 2021

The Plaintiff suppressed that it has applied for registration of ‘AS?VA’ Functioning as a Trademark. VA is not a trademark at all ! Echoing well-established principles of trademark law, the Division Bench pointed out that even if RAMPUR was the brand and AS?VA Registration of Mark and Estoppel. VA’ as well.

Branding 118

Branding Branding Brands Trademark 118

Patent Trademark Blog

APRIL 28, 2022

US trademark rights go to the first-user. In contrast, many foreign countries give trademark rights to the first filer. US trademark law is different. What can a common law trademark owner do? Even without a registered trademark, a common law trademark owner can still have significant rights.

Trademark 52

Trademark Law Cease and Desist Registration 52

IP and Legal Filings

OCTOBER 26, 2023

Off late these instances of trademark bullying has been a concern and persistent problem in many countries with large entities targeting the small enterprises just for the sake of business gains. However every cease and desist notice served does not constitute trademark bullying and this depends on the fact and circumstance of each case.

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Business 105

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

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

IP Tech Blog

MARCH 23, 2022

Why you need new trademark registrations now. There is a surging number of new applications submitted to the EUIPO, the UKIPO and the USPTO seeking to register trademarks for use of their brand in virtual reality. In such cases, a trademark registration in Classes 09, 35, 41 and 42 can be decisive.

Trademark 57

Trademark Branding Branding Brands 57

Patently-O

JANUARY 26, 2024

Although the outcome here supports the informational matter doctrine barring registration, the court is clear that political slogans and other informational matter can be protected as trademarks so long as the applicant shows that they actually function as a trademark. The opinion here is more nuanced. See, TMEP § 1202.04(b)

Registration 64

Registration Trademark Service Mark Trademark Law 64

SpicyIP

JANUARY 23, 2023

The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna. Such a decision cannot sustain the scrutiny of law. Other Posts COVID-19 Vaccine Patent Infringement?

Designs 105

Designs Design Invention Registration 105

IP and Legal Filings

FEBRUARY 7, 2023

Importance of Registration of Trademarks in the Metaverse Businesses may now reach a larger audience, increase their digital footprint, and increase profits by utilising the Metaverse. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 98

Trademark Non-Fungible Tokens Branding Branding 98

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 Designs Design Trademark 62

BYU Copyright Blog

OCTOBER 25, 2021

LTF provided evidence of a current version of the bulldog, in use since 2008, along with a copyright registration and a trademark registration for the Bulldog. We will be sure to provide future updates as the litigation progresses. According to LTF, the Bulldog has been Louisiana Tech's mascot since 1899.

Derivative Work 52

Derivative Work Advertising Advertising Intellectual Property 52

Traverse Legal Blog

MAY 1, 2022

A trademark security agreement filed with the USPTO must specifically identify the mark, the jurisdiction, registration number, registration date, and record owner of the trademark. Perfecting a security interest in trademarks and other IP’s is not as clear as it is for other kinds of personal property.

Trademark 59

Trademark Due Diligence Intellectual Property Social Media 59

LexBlog IP

MARCH 23, 2022

Why you need new trademark registrations now. There is a surging number of new applications submitted to the EUIPO, the UKIPO and the USPTO seeking to register trademarks for use of their brand in virtual reality. In such cases, a trademark registration in Classes 09, 35, 41 and 42 can be decisive.

Trademark 52

Trademark Branding Branding Brands 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

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration. One option is to institute a cancellation action with the Trademark Trial and Appeal Board (the “TTAB”) to challenge the registration of the mark. If you win, the TTAB “cancels” the registration of the trademark at issue.

Registration 52

Registration Trademark Litigation Blogging 52

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Image Source: IStock].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

Technology & Marketing Law Blog

JUNE 8, 2024

” That prompted this litigation. ” But the trademark registration was over 5 years old, so it had become “incontestable.” Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. ” Uh oh.

Trademark 129

Trademark Advertising Advertising False Advertising 129

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98